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(영문) 서울북부지방법원 2017.11.21 2017가단114389
사해행위취소
Text

1. The sales contract concluded on August 14, 2014 between the Defendant and B on the real estate listed in the separate sheet is KRW 6,434,187.

Reasons

1. Facts of recognition;

A. On November 6, 2013, the Gag Savings Bank lent KRW 5,00,000 to B at an annual interest rate of KRW 34.9%. B lost the benefit of time due to the overdue payment of interest on the loan. On May 10, 2016, the Gag Savings Bank transferred the loan claim based on an asset acquisition agreement to the Plaintiff and notified on May 24, 2016.

(B) The loan claims acquired by the Plaintiff (hereinafter referred to as “the instant loan claims”).

The Plaintiff filed an application with this Court for a payment order seeking the payment of the instant claim against B under this Court No. 2016 tea56271, and the said payment order was served on B on January 2, 2017, and became final and conclusive on January 17, 2017.

As of April 12, 2017, the amount of the transferred money of this case as of April 12, 2017 is KRW 6,434,187.

C. On August 14, 2014, B sold real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant (hereinafter “instant contract”) and completed the registration of ownership transfer to the Defendant on August 18, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination on fraudulent act

A. According to the fact that the establishment of the secured claim was acknowledged, the Korea Coast Savings Bank lent KRW 5,00,000 to B on November 6, 2013, prior to the conclusion of the instant contract, and the Plaintiff subsequently acquired the instant secured claim from the Korea Coast Savings Bank. Therefore, the Plaintiff may exercise the right to revoke the instant secured claim by designating the instant secured claim as the secured claim.

B. The act of an obligor, who is in excess of the obligation to establish a fraudulent act, sells his own real estate and alters the sale of such real estate into money easily for consumption, is a fraudulent act against the obligee unless there are special circumstances where the sale was made at a reasonable price to appropriate for repayment to some creditors.

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