logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.10.15 2014가단35683
사해행위취소
Text

1. It was concluded on July 15, 2013 between the Defendant and Nonparty B on the real estate indicated in the separate sheet.

Reasons

1. The following facts can be acknowledged in full view of the facts acknowledged as Gap evidence Nos. 1 to 10, and the fact inquiry results and the purport of the whole pleadings against the Nowon-gu Office and Han Bank Co., Ltd. in this court:

On April 9, 2012, the Plaintiff concluded on April 9, 2012, that the interest rate of KRW 498 million shall be 7.8% per annum (19.8% per annum) and that on April 9, 2013, B shall lose the benefit of the time limit if the interest is overdue, while the Plaintiff agreed on the real estate indicated on the attached real estate (hereinafter referred to as “instant real estate”) in order to secure the said loan claim, the Plaintiff completed the registration of the establishment of a neighboring mortgage, which is the debtor, B, and creditor.

B. However, from September 2012, B did not pay interest to the Plaintiff even around July 15, 2013.

C. Meanwhile, between B and July 15, 2013, the Defendant concluded a contract to lease the instant real estate by setting the lease deposit amount of KRW 25 million, and the lease period as of July 25, 2015 (hereinafter “the lease of this case”), and confirmed that the Plaintiff’s maximum debt amount regarding the instant real estate was KRW 647 million, and agreed to pay KRW 5 million as of the date of the contract, if the Defendant confirmed the Defendant’s debt certification against the Plaintiff, the Defendant would pay the remainder of KRW 20 million on July 16, 2013.

However, the Defendant, upon receipt of a request from B to pay the down payment of KRW 10 million on the contract date after the conclusion of the instant lease contract, transferred the down payment of KRW 10 million to B on July 15, 2013, which is the contract date, and received a fixed date and completed the move-in report by paying KRW 15 million on July 16, 2013, without paying the remainder.

On July 15, 2013, the market price of the instant real estate around July 15, 2013 is KRW 535 million, and KRW 615 million, and the former tax was KRW 275 million, and KRW 300 million, and the former tax was KRW 275 million, and regarding the instant real estate, the creditor E and the claim amount was 53.

arrow