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(영문) 대구지방법원 2020.07.10 2019가단145684
사해행위취소
Text

1. A mortgage agreement concluded on March 26, 2019 between the defendant and the non-party D on the motor vehicle indicated in the separate sheet.

Reasons

1. Basic facts

A. On November 26, 2008, the Plaintiff filed a lawsuit against D for the claim for reimbursement (2008Gahap13061) with the Daegu District Court. On February 6, 2009, the Daegu District Court rendered a judgment that "D shall pay to the Plaintiff 207,284,590 won and the amount calculated by the rate of 5% per annum from July 1, 2008 to February 6, 2009, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive on July 7, 2009.

(b) Claim based on the above judgment (hereinafter referred to as "claim of this case").

On September 12, 2018, the Plaintiff sent to D a document seeking the payment of the instant judgment amount claim, and the said document was directly received by the Defendant, a spouse, at D’s domicile on September 13, 2018.

C. On March 8, 2019, the Plaintiff filed an application for a seizure and collection order (Tgu District Court 2019TTTTTT) with D as executive title, and filed an application for a seizure and collection order (TTTTTTTF) with D as the debtor on March 20, 2019, but failed to obtain satisfaction of the above claim by the ruling, and filed an application for a auction of movable property (TTF) with D on May 28, 2019. On June 24, 2019, the Defendant purchased the sold goods in total at KRW 1/2,70,500, the minimum sale price by exercising the spouse’s preferential right under the Civil Execution Act at the sale date of the auction procedure.

D on March 6, 2014, purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) and completed the ownership transfer registration in the name of D on the same day. On March 26, 2019, a mortgage contract was concluded between the Defendant and the Defendant with respect to the said automobile (hereinafter “instant mortgage contract”) with the amount of KRW 7 million in the amount of the claim as to the said automobile, and issued a mortgage registration (receiving number E) to the Defendant on the same day.

E. D was in excess of the obligation that exceeds the active property at the time of establishing the instant mortgage contract.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The cause of the action.

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