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(영문) 창원지방법원 2015.08.11 2014가단84964
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1 and 2; and (c) the fact inquiry results with respect to the head of the Jinhae-gu Office of this Court.

On April 15, 2009, the Plaintiff implemented a loan of KRW 298 million with an apartment intermediate payment loan to B on August 18, 2012, the payment period between B and B shall be 5.5% per annum, and the overdue interest rate of KRW 14.5% per annum. However, as B did not pay the principal and interest of the loan after June 13, 2012, the Plaintiff filed a lawsuit against B on the claim for the loan under the Busan District Court Decision 2013Kadan9064, and on March 5, 2014, “Defendant B” against the Plaintiff on March 5, 2014, and the said judgment became final and conclusive at that time by a favorable judgment of the Plaintiff.

B. On the other hand, on December 9, 2013, B entered into a sales contract for the instant apartment, which is the only real estate between the Defendant and the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer (hereinafter “instant registration”) based on the instant sales contract on the 13th of the same month.

2. The act, performed at a reasonable price, by which the obligor, to determine the cause of the claim sells real estate, which is the only property of himself, and alters such sale in money which is easily consumed, to satisfy reasonable claims against some creditors

Unless there are special circumstances, the debtor's intention of deception is presumed to be presumed to be a fraudulent act against the creditor at all times, and the burden of proof that the purchaser did not have bad faith is the beneficiary.

As such, B is against the Plaintiff (see, e.g., Supreme Court Decision 66Da1535, Oct. 4, 1966).

The apartment of this case, which is the only property with the defendant, under the condition that the defendant bears this obligation.

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