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(영문) 창원지방법원 2018.06.07 2017나56855
사해행위취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 4, 2016, the Plaintiff entered into a loan agreement for consumption with D Co., Ltd. and KRW 100,000 per annum, 12% per annum, 12% per annum, and 10% by May 10, 202. On May 11, 2016, B paid KRW 100 million to D Co., Ltd. on May 4, 2016.

3. The above company and B did not repay the principal and interest of the above loan after November 10, 2016, and as of January 25, 2017, the total amount of the principal and interest of the above loan is KRW 101,549,104.

1,288,160 won, 18,904 won, 100,000 won, 242,040 won, 18,904 won, 101,549,104 won, 100,00

B. On December 22, 2015, B concluded a sales contract between B and the Defendant with respect to the instant apartment on the same day, the Defendant established a right to collateral security with respect to the instant apartment as KRW 156 million with the maximum debt amount. 2) On January 1, 2016, the Defendant set the period for reimbursement of KRW 40 million to B as of February 29, 2016 (hereinafter “the instant loan”). B completed the registration of the right to claim a transfer of ownership under the Defendant’s wife’s name on the said apartment as security against the said obligation to return the said loan.

3) On September 27, 2016, the Defendant concluded a contract to purchase the said apartment from B for KRW 180 million (hereinafter “instant sales contract”).

(4) On September 29, 2016, the Defendant paid KRW 121,414,163 to the Gandong Saemaul Savings Depository on September 29, 2016, and cancelled the registration of ownership transfer by paying KRW 8,085,837 in cash to B on the same day, and paying KRW 8,085,837 in cash on the same day.

(c).

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