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1. It was concluded on June 5, 2012 with regard to one half of the real estate listed in the separate sheet between the Defendant and B.
Reasons
1. Basic facts
A. On February 20, 2012, a social company created a loan of KRW 12,00,000 at the agreed interest rate of KRW 27.9% per annum and KRW 38.9% per annum for delay (hereinafter “instant loan”).
B. On December 6, 2012, our social company transferred the principal and interest of the instant loan to the Plaintiff, and around that time, notified the assignment of the instant loan to B.
C. As of February 21, 2014, the principal and interest of the claim arising from the instant loan is KRW 12,729,794 (i.e., the principal and interest of KRW 7,548,471 prior to the purchase of principal and KRW 3,491,676 overdue interest of KRW 1,689,617).
Attached Form
The real estate indicated in the list (hereinafter “instant real estate”) was originally owned C, and C donated 1/2 of each of the instant real estate to B and the Defendant on December 20, 206.
E. On June 5, 2012, B sold one half of the instant real estate to the Defendant, who is his/her partner (hereinafter “instant sales contract”), and the Defendant completed the registration of transfer of ownership on the ground of sale on June 5, 2012, as the receipt of 73174 on June 7, 2012, with respect to one half of the instant real estate, as to one half of the instant real estate, by the Hayang Branch District Court of Suyang Branch Branch Office of Dayang Branch Office of Dayang Branch Office of Dayang Branch Office of Da
F. At the time of the instant sales contract, B had no particular assets except for the share of 1/2 of the instant real estate.
[Reasons for Recognition] The entry of Gap evidence Nos. 1 and 4, the fact-finding results to the Minister of Land, Infrastructure and Transport of this Court, the purport of the whole pleadings
2. Determination as to the cause of claim
A. According to the fact that the existence of the secured claim is recognized, the Plaintiff’s secured claim is already established at the time of the instant sales contract, and thus, the establishment of the secured claim is recognized.
B. (i) The debtor's act of selling real estate, which is the only property of his own, and replacing it with money easily consumed or transferring it to another person without compensation, constitutes a fraudulent act against the creditor, barring any special circumstance.