(영문) 서울중앙지방법원 2017.04.26 2016나54963

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(영문) 서울중앙지방법원 2017.04.26 2016나54963

사해행위취소

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 31, 2013, the Plaintiff lent KRW 450,000,00 to Nonparty B at an interest rate of KRW 2.82%, the due date for repayment set respectively as of November 30, 2018 (hereinafter “loan 1”), and leased KRW 50,000,00 on June 10, 2013 at an interest rate of KRW 1.62%, the due date for repayment as of June 10, 2014, respectively (hereinafter “loan 2”).

B. Meanwhile, on April 3, 2014, the attached list No. 28665 as the registration and receipt of the Jeju District Court is as follows: (i) the Defendant:

1. The provisional registration of the right to claim the transfer of ownership (hereinafter “provisional registration of this case”) based on the purchase/sale reservation (hereinafter “instant purchase/sale reservation”) made on March 28, 2014 with respect to the stated real estate (hereinafter “instant provisional registration”), and the list in the attached Form No. 1929 with respect to the receipt of the former District Court head registration office on March 24, 2014

2. to 2.

4. On March 24, 2014, each of the instant sales contracts (hereinafter “each of the instant sales contracts”) was completed on the basis of each of the instant sales contracts (hereinafter “each of the instant transfer of ownership” and the instant provisional registration, along with the instant provisional registration, on March 24, 2014.

[Ground of recognition] Facts without dispute, each entry of Gap evidence 1 to 4 (including provisional number), and the purport of the whole pleadings

2. The Plaintiff asserted that the instant sales contract, etc. entered into between B and the Defendant is a fraudulent act, and seek the cancellation of the instant sales contract, etc. and subsequent restitution, which is completed in the name of the Defendant.

As to this, the defendant lent 30,000,000 won to B from January 9, 2011 to November 3, 2013, and the list of the attached sheet which causes 41,08,000 won of the market price due to payment in kind.

1. A list in which the provisional registration of this case was completed with respect to the real estate stated in B, and which was the market price of 60,000,000 won from B;

2. to 2.

4. Purchasing the recorded real estate, and both the registration expenses and the fees for certified judicial scrivener.

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