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(영문) 대전지방법원 2017.08.22 2015가단223326
사해행위취소
Text

1. Defendant B’s KRW 66 million and the Plaintiff’s 10% per annum from February 21, 2014 to December 19, 2016.

Reasons

1. Facts of recognition;

A. D borrowed a total of KRW 66 million from the Plaintiff, and on February 20, 2014, D issued and delivered a certificate of borrowing that the Plaintiff promises to pay the full amount of the loan at 10% per annum until the full payment is made.

B. D, along with South East Eastern F, purchased each 1/2 share (the D’s share out of the instant real estate) among the real estate of Daejeon Jung-gu 304m2 (hereinafter “instant real estate”), and completed the registration of ownership transfer as the Daejeon District Court’s Daejeon District Court’s receipt No. 22974 on April 14, 2011.

C. On January 23, 2013, F sold 1/2 shares of the instant real estate to Defendant C and completed the registration of ownership transfer to Defendant C as the Daejeon District Court’s Daejeon District Court No. 4732, Jan. 29, 2013.

C. On April 14, 201, the Daejeon District Court completed the registration of the establishment of a mortgage, which was made up of the maximum debt amount of KRW 540 million, the debtor F, and the Han Bank Co., Ltd., with respect to the entire real estate of the instant case, the registration of the establishment of a mortgage was completed on February 6, 201, under Article 6204 of the Daejeon District Court Daejeon District Court’s receipt of February 6, 201 as to the said right to collateral security, and as to the registration of the alteration of the right to collateral security, the debtor was changed from F to Defendant C.

(The actual amount of the secured debt of the collateral security is KRW 424,542,72).

D With respect to the instant shares, the Daejeon District Court completed the registration of creation of a mortgage on August 2, 2013 with the debtor D, the maximum debt amount of KRW 92 million, and the mortgagee G, Daejeon District Court No. 45411, which was accepted on August 2, 2013.

E. On March 6, 2015, D sold the instant shares to Defendant C for KRW 374 million (hereinafter “instant sales contract”). As to this, the Daejeon District Court completed the registration of ownership transfer in Defendant C as the receipt of the Daejeon District Court No. 13901 on March 9, 2015.

F. D at the time of the instant sales contract.

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