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(영문) 부산지방법원 2019.01.18 2017나59918
사해행위취소
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1. Revocation of the first instance judgment.

2. All the claims of the Plaintiff’s succeeding intervenor are dismissed.

3. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On February 14, 2013, the Plaintiff entered into a loan transaction agreement with E on a motor vehicle installment (hereinafter “instant loan”) with the principal of KRW 25.5 million, the loan period of KRW 60,000,000, the loan rate of KRW 8.6% per annum.

B. On November 25, 2013, E paid the installment for a motor vehicle under the said credit contract to the Defendant, and thereafter lost the benefit of time on at least five occasions after the installment payment was made.

Loans granted under the instant credit contract are KRW 22,329,695 as of May 13, 2014, plus KRW 23,230,128,128.

C. On November 20, 2013, E entered into a sales contract with the Defendant to sell real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 110 million (hereinafter “instant sales contract”). On December 12, 2013, E completed the registration of ownership transfer (hereinafter “instant transfer registration”) to the Defendant on December 12, 2013 as Busan District Court’s Busan District Court’s receipt No. 73781, Dec. 12, 2013.

Meanwhile, the instant real estate was completed on March 21, 2012 by the Busan District Court, Busan District Court Branch Branch, and the registration of creation of a mortgage (hereinafter “mortgage No. 1”) with a maximum debt amount of KRW 76,800,000,000, the secured debt amount of the instant collateral security (hereinafter “mortgage No. 1”) was KRW 60,911,407, Nov. 20, 2013.

In addition, the real estate of this case was completed by the Busan District Court, Busan District Court No. 35287, Jul. 10, 2012, the registration of creation of a mortgage of KRW 120,000 (hereinafter “the second collateral mortgage of this case”) around the maximum debt amount of KRW 120,000,000.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, Eul evidence No. 4, the financial transaction information reply to H Co., Ltd., and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion E bears the Plaintiff’s obligation to the loan of this case, and is in excess of the obligation.

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