(영문) 대구지방법원 2015.03.20 2013가단815622

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(영문) 대구지방법원 2015.03.20 2013가단815622

사해행위취소

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1. As to each real estate listed in the separate sheet:

A. A sales contract concluded on January 17, 2013 between the Defendant and B is concluded.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit against B (i) on August 1, 201, 200 million won (200 million won) was 3.92% per annum, 12% per annum, 12% per annum, and the expiration period of the loan as of August 1, 2014 (hereinafter “instant loan”), and the principal was paid in installments every two years after the lapse of one year pursuant to the repayment date of principal and interest.

B from March 4, 2013, the debtor delayed the installment payment of the principal and interest of this case from March 4, 2013, thereby losing the benefit of July 3, 2013.

The amount of the loan of this case as of August 26, 2013 is as follows:

B. As to each of the real estate listed in the separate sheet for the conclusion of a sales contract between B and the Defendant (hereinafter “instant real estate”), B entered into a sales contract with the Defendant on January 17, 2013 (hereinafter “instant sales contract”). For this reason, the Defendant completed the ownership transfer registration (hereinafter “instant transfer registration”) as the receipt No. 987 of the Daegu District Court’s Cheongdo Office on January 18, 2013.

C. At the time of entering into the instant sales contract for excess of debt B, B was in excess of debt as stated in the attached active property and the attached small property.

B and the Defendant’s relation B (before the opening of name) reported marriage on April 20, 200 with D, the Defendant’s South-North East-born, and on June 20, 201, reported divorce on June 20, 201.

[Ground of recognition] No dispute, Gap 1 to 9 evidence (including paper numbers), Eul 3 and 4 evidence, the result of the market price appraisal commission, the purport of the whole pleadings

2. Determination

A. As seen earlier, the instant loan was made prior to the conclusion of the instant sales contract. After the conclusion of the instant sales contract, B was unable to pay the principal and interest of the instant loan in installments on February 20, thereby losing the interest of the instant loan due to delinquency in paying the principal and interest of the instant loan. Therefore, the instant sales contract concluded between B and the Defendant constitutes fraudulent act.

B. As to this, the defendant, and as of September 9, 2008, is male and female.

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