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(영문) 부산지방법원동부지원 2017.08.16 2016가단9423
사해행위취소
Text

1. The sales contract concluded on June 11, 2015 between the Defendant and C with respect to each real estate listed in the separate sheet is KRW 30,00,000.

Reasons

1. Facts of recognition;

A. On April 6, 2012, the Busan East Law Firm approved the obligation to pay the Plaintiff the borrowed amount of KRW 100,000,000 (7.2% per annum until April 5, 2014, and 8.4% per annum until April 5, 2015) by the commission of the Plaintiff and C, as the document No. 618, and the debtor C drafted an authentic deed of a contract for debt repayment (quasi-loan) that promises to pay the Plaintiff by April 5, 2015.

B. On June 11, 2015, C entered into a sales contract with the Defendant for whom C’s wife D is the representative director (hereinafter “instant sales contract”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

C. On June 24, 2015, the Defendant completed the registration of ownership transfer in the Defendant’s future with respect to each of the instant real estate. On the same day, the Defendant repaid KRW 50,000,000 to the secured debt of KRW 50,000 for the secured debt of KRW 65,000,000 established on each of the instant real estate.

Around July 3, 2015, the Defendant returned KRW 40,000,00 to the lessee E, who was occupied by obtaining a fixed date on the attached Form 2 as to the leased house.

The Plaintiff received KRW 30,00,000,000 from D on July 1, 2015, and KRW 10,000 on July 3, 2015. On June 29, 2015, the Plaintiff collected KRW 36,026,111 from September 4, 2015 to March 24, 2017, and appropriated KRW 30,000,00 as of the date of the closing of argument in the instant case, for repayment by collecting KRW 30,00,00,00,00.

E. The market price of each of the instant real estate as of June 11, 2015 is KRW 157,336,000, and the market price as of January 30, 2017 is KRW 187,482,00.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 2, 3, 8, 9, and 10 and appraiser F.

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