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(영문) 수원지방법원평택지원 2016.12.08 2016가단42638
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 15, 2012, the Plaintiff was issued a notarial deed of a monetary loan agreement that provides that KRW 190,000,000 shall be paid to C for the interest rate of KRW 2.5% per month and by September 15, 2012, and that KRW 200,000 shall be paid from C for the interest rate of KRW 24% per annum and by December 15, 2012.

B. As of April 17, 2015 with respect to E 101 Dong 902 (hereinafter “instant real estate”), C completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) based on the purchase and sale (hereinafter “instant sales contract”) in the name of the Defendant on April 14, 2015 under the name of the Defendant as of April 17, 2015.

C. At the time of the conclusion of the instant sales contract, the transaction value of the instant real estate was KRW 230,000,000 for the instant real estate, and the registration of creation of a neighboring mortgage, which was KRW 137,30,000,000, out of the maximum debt amount under the name of the National Bank Co., Ltd. on March 16, 2007, and the registration of creation of a neighboring mortgage, which was KRW 150,000,000, out of the maximum debt amount under the name of F on April 26, 2013, was revoked on June 5, 2015.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. Determination

A. We examine the judgment as to the cause of the claim. The plaintiff lent money to C, and as of October 22, 2012, the plaintiff received a notarial deed of a monetary loan contract with the purport that the interest rate of KRW 200,000,000 shall be 24% per annum and the due date shall be paid until December 15, 2012. As seen earlier, the above loan claims shall be the preserved claim for the obligee's right of revocation. As seen earlier, the above loan claims shall be the secured claim for the obligee's right of revocation. As seen earlier, the debtor sold the real estate in the condition that C bears the obligation to the plaintiff, the Korean Bank, and the F without any particular active property. The debtor's act of selling the real estate, which is its only property, and changing it into money easily for consumption, constitutes a fraudulent act against the obligee, barring any special circumstance. Thus, the obligor's

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