logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.11.21 2017가단302703
사해행위취소
Text

1.(a)

The sales contract concluded on July 10, 2016 between Defendant E and F on the real estate listed in the separate sheet is 56,018.

Reasons

Basic Facts

The Plaintiffs are the successors of net G (hereinafter referred to as “the deceased”) with respect to F.

Defendant E is a person who purchased the real estate listed in the attached list (hereinafter “instant real estate”) from F, and Defendant D is a person who re-purchases the instant real estate from Defendant E.

On September 6, 2004, the Deceased loaned 45,000,000 won to F on December 31, 2004 at the maturity of payment, the interest rate of 3% per month was set as 3% per month.

H agreed on September 23, 2004 to pay F the borrowed amount of KRW 73,00,000,000 until September 20, 2005.

F on December 31, 2008, on the part of the deceased, transferred the claim for the above agreed amount against H to the deceased for the repayment of the above obligation to the deceased, and the F jointly and severally guaranteed the claim.

As a transferee of the above agreed amount claim, the deceased filed a lawsuit against H seeking payment of the above agreed amount of KRW 73,00,000,000 as Busan District Court 209Da16638, the Busan District Court 209Da16638, and the judgment was finalized on October 30, 209.

F on January 20, 2014, the F completed the registration of ownership transfer on the instant real estate.

F on the same day, F completed the registration of creation of a neighboring mortgage, a corporation, Busan Bank, the maximum debt amount of which is KRW 19,200,000, the debtor F and the mortgagee.

(hereinafter referred to as “the creation registration of a neighboring mortgage of this case.” The Deceased died on October 14, 2014, and there was Plaintiff A, Plaintiff B, and C, the inheritor.

On November 19, 2015, the Plaintiffs filed a lawsuit against F with Busan District Court 2015Da240313 against F to seek the performance of the joint and several surety obligation with respect to the agreed amount of the H.

F On July 20, 2016, on July 20, 2016, the F completed the registration of ownership transfer for the instant real estate to Defendant E on July 10, 2016.

(2) As to the instant real estate on July 20, 2016, Defendant E is the maximum debt amount of KRW 60,000,000, and the debtor is the Defendant E and the mortgagee.

arrow