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(영문) 서울중앙지방법원 2015.08.27 2014가합515163
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the respective entries and arguments in Gap evidence 1 to 5 (including paper numbers).

On May 16, 201, the bankrupt Gyeonggi Savings Bank Co., Ltd. (hereinafter referred to as the "Game Savings Bank") concluded a credit transaction agreement with B on August 16, 201, the credit limit amount of KRW 369 million, the expiration date of the credit, the interest rate of KRW 1.5% per annum, and the delay compensation rate of KRW 23.5% per annum (hereinafter referred to as "the credit transaction agreement in this case"), and provided B with a loan of KRW 369 million.

B. B was unable to repay the loan by the expiration date of the credit period, and was unable to repay the loan amounting to KRW 254,050,456 under the said credit transaction agreement as of March 11, 2014 (i.e., principal (i., 137,216,442) (i.e., 116,834,014).

C. On April 30, 2013, B entered into a sales contract with the Defendant to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”). On the same day, B completed the registration of transfer of ownership with the Defendant as the receipt of No. 26661 on April 30, 2013 by the Incheon District Court Branch Branch Kimpo- Branch Office of the Incheon District Court regarding the instant real estate.

On the other hand, the Gyeonggi Savings Bank was declared bankrupt on July 1, 2013 by Seoul Central District Court 2013Hahap88, and the plaintiff was appointed as bankruptcy trustee.

2. The parties' assertion

A. The Plaintiff’s cause of the Plaintiff’s claim has the claim for loans under the instant credit transaction agreement against B, and B entered into the instant sales contract with the obligor in excess of the obligation, which is a fraudulent act detrimental to the general creditors including the Plaintiff.

Therefore, the sales contract of this case shall be revoked, and the defendant shall be obligated to implement the procedure for cancellation registration of transfer of ownership to B, which is completed with respect to the real estate of this case.

B. The defendant's defense was introduced by a certified judicial scrivener and the real estate of this case is normal.

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