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(영문) 인천지방법원 2015.07.17 2013가단237828
사해행위취소
Text

1. The sales contract concluded on August 30, 2013 between the Defendant and D on an automobile listed in the separate sheet is KRW 4,540,000.

Reasons

1. Basic facts

A. On August 19, 2012, A entered into a de facto marriage relationship with D and de facto marriage, and entered into a contract for sale in lots with respect to E Apartment 553 Dong 1602, Seo-gu, Incheon (hereinafter “instant apartment”) with a bank loan on March 18, 2013 to create a new marriage house.

B. After that, A and D were frequently disputed, on July 8, 2013, D drafted each letter stating that “I want to pay off the instant apartment loan and pay off the expenses so far,” “I shall do so as to be desired.” On July 2013, 2013, Police Officers (“I” written each letter of this case”) stating that “I shall pay off the expenses of KRW 500,000,000,000,000,000,000,000,000 won, BM520d, 2.4,00,000,000 won, golf 2,60,000 won, 3,000,000 won, and 2,000,000,000,000,000,000,000 from the company.”

C. In addition, on July 27, 2013, D drafted a loan certificate with respect to the instant apartment loan funds (hereinafter “the instant loan certificate”) with the following contents as to D’s loan funds.

The loan amount: The above amount shall be borrowed in entering into the apartment contract of this case, and the half of the amount shall be paid by April 30, 2015 at the expiration date of the contract, by April 30, 2015 at the rate of KRW 30 million (60,000) and by April 30, 2015 at the rate of half of the interest (85,000) on the apartment deposit of this case by April 30, 2015. If the maturity date A pays more than the deposit amount to the defendant, half of the interest (60,000 won) on the amount to be paid by D at the time of paying the deposit amount to the defendant shall be paid to the plaintiff by April 30, 2015.

Before the end of the contract, A shall pay KRW 3,00,000 to A when the contract is performed to the Defendant.

D On August 30, 2013, with respect to Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) under insolvent on August 30, 2013, the automobiles indicated in the attached list, the only maximum debt amount of KRW 10,250,00, which is the property on which the right to collateral security was established, (hereinafter “instant automobiles”).

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