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(영문) 광주지방법원 2014.01.22 2013가단500133
사해행위취소
Text

1. The sales contract concluded on January 10, 2008 between the Defendant and C shall be KRW 24,450,000, and this shall apply thereto.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against C on April 30, 2008 by asserting that C had paid the loan balance as KRW 25,00,000 in settling cash transactions around January 2008, and that C had paid the due date on April 30, 2008. On August 17, 2012, the said court accepted the Plaintiff’s claim and rendered a judgment that “C shall pay the Plaintiff 24,450,000 won and its interest at each rate of 20% per annum from May 1, 2008 to April 2, 2012” (hereinafter “instant judgment”), and the said judgment became final and conclusive on September 7, 2012.

B. On January 10, 2008, C’s disposal act entered into a sales contract (hereinafter “instant sales contract”) with respect to each real estate listed in the separate sheet (i.e., the administrative district changed from D to October 4, 201; hereinafter “instant real estate”) owned by C with the Defendant on January 10, 208, and completed the registration of ownership transfer to the Defendant on the 30th of the same month.

C. C’s property status (1) The registration of ownership transfer was completed on October 20, 203 with respect to each of the following subparagraphs 101 through 103, 105 through 108, 201 through 203, 205 through 208, 301 through 303, and 305 through 308 (hereinafter “each of the instant studio”) among the three-story sections on the land of 268 square meters in Dong-gu, Dong-gu, Gwangju, Dong-gu, Gwangju, and the registration of ownership transfer was completed on July 9, 2007 by the decision of voluntary decision of commencing the sale of this Court on April 1, 2008.

(2) As to each of the costs of this case, the right to collateral security was established in the name of National Bank Co., Ltd., the maximum debt amount of which was KRW 390,000,000, and the right to collateral security was KRW 299,981,734, and the total amount of the deposit for lease was KRW 641,00,000 (as 201, 49,000,000,000). The appraised value during the F voluntarily auction procedure was as of September 14, 2007.

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