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(영문) 대구지방법원 2019.06.28 2018가단139606
사해행위취소
Text

1. On January 17, 2018, the Defendant and Nonparty D concluded on January 17, 2018 with respect to one-half shares of the real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. As indicated below, the Plaintiff entered into a loan agreement with D (hereinafter “each of the instant loan agreements”) and D completed the registration of establishment of mortgage on each of the automobiles acquired from each of the instant loans to the Plaintiff.

On February 1, 2017, 70,000 won (the first loan contract) interest rate of 10.9% per annum of 48-month interest rate of 10.9% per annum, 48-month interest rate of 25% per annum of the overdue interest rate of 2007 vehicle E (the second loan contract) loan of 66,00,000,000 won per annum of 9.9% per annum of interest rate of 48-month interest rate per annum of 11.5t wing 2005 vehicle number per annum 2005 vehicle number per annum.

B. Since December 2017, D did not pay the principal and interest of this case, and on October 18, 2018, the Plaintiff appropriated the proceeds disposed of each of the automobiles offered as security after cancelling each of the instant loans contract.

The remaining loans as of November 29, 2018 are KRW 97,556,117.

C. On January 17, 2018, D entered into a sales contract (hereinafter “instant contract”) with the Defendant with respect to 1/2 shares of the real estate listed in the separate sheet (hereinafter “instant real estate shares”) and completed the registration of ownership transfer with respect to the instant real estate shares as the Daegu District Court No. 11385, Jan. 19, 2018, which received on January 19, 2018.

D was in excess of the debt at the time of the instant contract, and owned G Apartment H (acquisition value of KRW 145,00,000) in addition to the instant real estate share, but the said apartment was established with a maximum debt amount of KRW 80,30,000 with respect to the said apartment, and the registration of establishment of provisional seizure against real estate was completed with regard to the said apartment amount of KRW 61,132,536.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including additional number), the purport of the whole pleadings

2. The cause of the action.

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