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(영문) 수원지방법원 2019.06.20 2018가단508614
사해행위취소
Text

1. The sales contract concluded on August 23, 2013 between the defendant and the non-party C with respect to the real estate stated in the separate sheet was 52,831.

Reasons

1. Basic facts

A. C on June 5, 2012, upon setting the lending period of 60 months and interest rate of 3 months CD interest rate of 15% per annum from D Co., Ltd., and received loans in KRW 50 million.

B. On November 20, 2014, Co., Ltd. transferred the above loan claims to E Co., Ltd., and on December 1, 2017, E Co., Ltd transferred the above loan claims to the Plaintiff. On December 27, 2017, the Plaintiff notified C of the acquisition of claims, and the said notification reached C around that time.

C. The balance of the loans as of February 26, 2018 is KRW 111,474,639 in total, including principal and interest.

C On August 23, 2013, a sales contract was concluded between the Defendant and the Defendant to sell real estate listed in the separate sheet (hereinafter “instant apartment”) (hereinafter “instant sales contract”). On September 5, 2013, Suwon District Court received the registration of transfer of ownership to the Defendant as the head of Suwon District Court No. 101329, Sept. 5, 2013.

E. On November 24, 201, the instant apartment was completed with the maximum debt amount of KRW 148,80,000,000, the debtor C/mortgage Co., Ltd., F (hereinafter “the instant apartment mortgage”). On May 11, 2012, the establishment registration of a mortgage (hereinafter “the instant apartment mortgage”) was changed to the maximum debt amount of KRW 36 million, and was revoked on September 5, 2013.

F. On March 8, 2012, the Defendant entered into a lease agreement with C, setting the lease deposit of KRW 150 million, the lease deposit of KRW 150 million, and the lease term as of May 9, 2014. On March 12, 2012, the Defendant transferred the instant apartment after obtaining the fixed date on May 11, 2012.

G. Meanwhile, C was in excess of its obligation at the time of the instant sales contract, and was the only property of the instant apartment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and the result of the inquiry of the fact to the Court Administration Office of this Court, the purport of the whole pleadings

2. The defendant's judgment on the defense prior to the merits of this case asserted that the lawsuit of this case was brought subsequent to the lapse of one year from the exclusion period, but it is recognized.

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