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(영문) 서울남부지방법원 2019.05.14 2017가단246832
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 3, 2012, the Plaintiff agreed to apply the loan amount of KRW 77,00,000,000 on January 3, 2012 to C, which is the Defendant’s husband, and the interest and damages for delay on January 3, 2042, etc. according to the bank credit transaction basic terms and conditions.

C As security for the above loans on the same day, the Yangcheon-gu Seoul Metropolitan Government D Building No. 4 E, set the maximum debt amount of KRW 92,400,000, which is owned by C, and created the right to collateral security (hereinafter referred to as “instant right to collateral security”).

B. On December 30, 2016, the Plaintiff agreed to apply the loan amount of KRW 6,00,000,000 to C on December 30, 2016, and interest and damages for delay on December 30, 2021 on December 30, 2021, and agreed to apply the interest rate prescribed by the Plaintiff bank, and provided a loan in accordance with the bank credit transaction basic terms and conditions. The compensation rate for delay is 11%.

C. However, on November 3, 2016, the F District Readjustment Promotion Association deposited KRW 44,950,000 on the deposit of KRW 144,950,000, and accepted the registration of the establishment of the fourth floor E of the pertinent D building. Accordingly, on November 18, 2016, C paid all the above deposit without transferring the right to claim for the withdrawal of the above amount of compensation for expropriation to the Plaintiff on November 28, 2016.

On December 30, 2016, the Defendant entered into a sales contract with respect to H apartment Nos. 5-I (hereinafter “instant apartment”) owned by G and G, with the purchase price of KRW 300 million, at the same time, paid the down payment of KRW 20 million. On January 11, 2017, the Defendant paid the remainder of KRW 280 million to G and completed the registration of ownership transfer as to the said apartment, and at the same time the said apartment was used for the payment of the said purchase price.

On the other hand, on January 11, 2017, the Defendant set the maximum debt amount of the above apartment as KRW 231 million (the actual collateral amount of KRW 210 million) with respect to the above apartment, and set up a collateral security right with K as the maximum debt amount of KRW 210 million.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 9, 15 to 19, and Eul.

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