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(영문) 서울고등법원 2015.01.16 2014나27847
사해행위취소 등
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim on this part is dismissed.

2. Action.

Reasons

1. Basic facts, Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) extended loans of KRW 50 million to B on December 30, 2005, loans of KRW 1.8 billion on February 8, 2007 at each interest rate of KRW 12% per annum and interest rate of delayed compensation rate of KRW 23% per annum.

(hereinafter referred to as “the instant loan claim”). Seoul Mutual Savings Bank filed an application for voluntary auction with the Daejeon District Court (L), on the ground that the obligation to repay the loan under B was overdue on March 4, 2008, on the ground that the obligation to repay the loan under B was overdue. The Seoul Mutual Savings Bank filed an application for voluntary auction with respect to six parcels of land and buildings on the same ground (hereinafter referred to as “G real estate”).

On September 5, 2008, Seoul Mutual Savings Bank transferred the instant loan claims to CIS Co., Ltd. (former trade name before the change: CIS) on September 5, 2008, and notified B of the fact of transfer of the instant loan claims.

C. On February 5, 2009, C.C. received dividends of KRW 2,230,667,567,567 out of the total amount of principal and interest of loan claims accrued up to that time at the above auction procedure (principal interest of KRW 1,802, 118, 374, overdue interest of KRW 660,441,176).

On April 1, 2009, C’s wife B, the Defendant, made a provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) based on the trade reservation (hereinafter “instant trade reservation”) under the name of E, one’s own partner, with respect to his own house.

However, around that time, B had active property, the third floor of the ground building (the extension in the existing building) among G real estate was equivalent to KRW 400 million and the housing of this case. A small property had a debt of KRW 231,891,983 to repay the loan of this case, KRW 100 million to M Co., Ltd. (hereinafter “M”), KRW 70 million to N, and KRW 150 million to J.

E entered into a contract on July 7, 2009 with the Defendant to transfer the ownership transfer right to the instant house.

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