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(영문) 서울남부지방법원 2016.01.15 2015가단40740
사해행위취소
Text

1. As to real estate listed in the separate sheet:

(a) B B signed on May 12, 2015 between the Defendant and B.

Reasons

1. Basic facts

A. On December 10, 2013, the Plaintiff lent KRW 270,000,000 to Youngjin-si Co., Ltd. under the Labor Guarantee (Limit 297,00,000) of B (Limit 297,00,000).

B. Youngjin Co., Ltd. lost the benefit of time due to delay in repayment, and as of July 28, 2015, the interest and interest on loans to the Plaintiff, Youngjin Co., Ltd. and to B is KRW 277,072,346.

C. On May 12, 2015, B entered into a trade reservation with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”) on May 12, 2015 (hereinafter “instant reservation”). On May 12, 2015, Seoul Southern District Court’s registry office, Seoul Southern District Court (hereinafter “instant provisional registration”), the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”).

C. B’s property condition B did not have other real estate than the instant real estate at the time of the promise to sell and purchase the instant real estate. The market price of the instant real estate was KRW 220,000,000, and B, in addition to the joint and several liability of the Plaintiff, was also liable to the original Saemaul Bank of Korea for KRW 280,000,000.

【Ground for Recognition: Facts without dispute, entry of Gap evidence 1-1-5, Gap evidence 2-2-6, each fact inquiry result to the Mayor of this court, the head of Geumcheon-gu Seoul Metropolitan Government, and the purport of the whole pleadings]

2. Assertion and determination

A. 1) The Plaintiff’s assertion 1) The Plaintiff’s promise to sell and purchase the instant case was concluded in excess of the debt, and should be revoked as it constitutes a fraudulent act detrimental to the obligee, and the Defendant is obligated to register cancellation of the provisional registration of this case to restore the original state to the original state. 2) The Defendant’s assertion that the Defendant lent KRW 70 million to B, his father, and C was unable to pay the above loan at the due date. As C was unable to pay the loan at the due date, B concluded the instant promise to sell and purchase the instant case with C, jointly and severally with C

In light of the aforementioned developments leading up to the conclusion of the instant trade reservation, B.

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