logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.04.04 2016가단56099
사해행위취소
Text

1. The sales contract concluded on November 9, 2015 between the defendant and the stock company on the real estate stated in the separate sheet between the defendant and the company B is 83.

Reasons

1. Facts of recognition;

A. On April 10, 2013, the Plaintiff entered into a loan agreement with B with the content that the amount of the development technology commercialization fund for the subject of loan, the amount of KRW 150 million loan, interest rate of KRW 4.43% per annum, and interest rate of KRW 4.43% per annum, and the principal was repaid over three years after a two-year grace period, and loaned the said money with the same content as March 17, 2015.

(hereinafter “each of the instant loan agreements”). (b)

After that, from December 2015, B, a corporation, starting with the arrears of the principal and interest under each of the instant loan contracts from around December 2015, lost the benefit of April 29, 2016. As of May 2, 2016, the remainder of each of the instant loan contracts is KRW 229,308,286 in total.

C. Meanwhile, on November 9, 2015, B entered into a sales contract with the Defendant with the price of KRW 250,000,000 as stated in the attached list (hereinafter “instant real estate”) and completed the registration of ownership transfer on November 16, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1- 5 (including virtual number), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of the existence of preserved claims and the recognition thereof, since the principal and interest of loans to the Plaintiff Company B according to each of the loan contracts of this case remain at the time of the conclusion of the contract of this case, this is a preserved claim seeking revocation of fraudulent act against the Defendant.

B. In a fraudulent act and intent to commit fraud, 1) it means that it causes a decrease in the debtor’s whole property, i.e., a decrease in assets by the debtor’s act of disposing of the debtor’s property, making it impossible to fully satisfy the creditor’s claims because the joint security of claims is insufficient or the joint security already insufficient is less than one story. 2) There is no dispute between the parties or there is evidence A-6.

arrow