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(영문) 수원지방법원안양지원 2016.05.19 2015가단102512
사해행위취소
Text

1. The sales contract concluded on January 5, 2015 between the Defendant and B is KRW 12,761,211.

Reasons

1. Facts of recognition;

A. On December 26, 2012, the Plaintiff agreed to lend the loan amounting to KRW 20 million to B by 39 months of the loan period, interest rate of KRW 22% per annum, and interest rate of overdue interest rate of KRW 34% per annum (hereinafter “instant loan agreement”). From January 10, 2015, B did not repay the principal and interest of the instant loan to the Plaintiff from January 10, 2015, and accordingly, B lost its interest due to the loan period of KRW 11,081,03, interest rate of KRW 569,707, interest rate of KRW 1,101,510,101, 2171, 2161, etc. as of September 1, 2015.

B. C, the spouse of B, owned the real estate indicated in the separate sheet (hereinafter “instant real estate”). On April 4, 2014, B died, and B completed the registration of ownership transfer on October 30, 2014 due to the inheritance by agreement division, and completed the registration of ownership transfer on the instant real estate on January 8, 2015 on January 5, 2015.

C. On April 22, 2015, the Defendant completed the registration of ownership transfer in the name of D on the ground of sale as of February 12, 2015.

Meanwhile, on the other hand, on January 24, 201, the establishment registration of the instant real estate as the maximum debt amount of KRW 266,400,00,000, and the establishment registration of the neighboring agricultural cooperative consisting of the debtor C and the mortgagee of the right to collateral security (hereinafter “the establishment registration of the instant real estate”); on October 26, 2012, the establishment registration of the ownership of the instant real estate as the debtor B and the mortgagee of the right to collateral security (hereinafter “the establishment registration of the second neighboring mortgage”) was completed; however, on the same day, the ownership registration of the instant real estate as D was completed; and on the same day, the debtor D and the right to collateral security corporation are the bank in Korea.

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