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(영문) 서울중앙지방법원 2015.10.16 2014가합576052
사해행위취소
Text

1. Defendant B shall pay to the Plaintiff KRW 107,418,274 as well as 24% per annum from April 30, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff’s loan claim 1) The Plaintiff’s loan claim against Defendant B on January 24, 2013 (hereinafter “instant loan claim”) is KRW 140 million against Defendant B (hereinafter “instant loan claim”).

A) B, due date for reimbursement was set on November 30, 2013, and 2% of interest monthly, and Defendant B’s land (hereinafter “instant D”). To secure this, Defendant B’s land (hereinafter “instant land”).

(2) As to the instant loan claim, Defendant B created a third-class joint collateral security worth KRW 165 million with respect to the maximum debt amount. (2) In order to pay interest only until April 2013 on the instant loan claim, and not repay the remainder of principal and interest, the Plaintiff filed an application for voluntary auction on the instant land, and received dividends of KRW 98,861,178, May 21, 2015 from the auction procedure.

3) The dividend amount was first appropriated for KRW 66,279,452, which was incurred until April 29, 2015, which was the date when the claim statement was submitted, and the remainder of KRW 32,581,726 was appropriated for principal. The loan claim amounting to KRW 107,418,274 (i.e., KRW 140 million - KRW 32,581,726) and the interest rate on the loan claim amounting to KRW 24% (i.e., KRW 32,581,726) after April 30, 2015. (ii) Defendant B-dispositive act of Defendant B remains late April 30, 2015. As to the real estate of this case owned by the Defendant C, the maximum amount of debt amount was KRW 380,000,000 (hereinafter “instant mortgage contract”).

(C) The registration of establishment of a mortgage in the middle of Seoul Central District Court (hereinafter “registration of establishment of a mortgage in the middle of the instant case”) completed by the Seoul Central District Court No. 11284, Mar. 5, 2015.

) B. On March 27, 2015, a pre-sale agreement (hereinafter “instant pre-sale agreement”) was made, and “each of the instant dispositions” along with the instant pre-sale agreement.

The provisional registration of the right to claim ownership transfer as stated in Section 2-b of the Disposition (hereinafter referred to as the “provisional registration of this case”).

) Each part of the defendant C was completed to the defendant C. [The fact that there is no dispute over the grounds for recognition, Gap 1.

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