logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.06.19 2017가단53417
사해행위취소
Text

1. The sales contract concluded on January 7, 2015 between the Defendant and C is KRW 62,00,000.

Reasons

1. Basic facts

A. A. Since around 2001, C obtained a loan from the Industrial Bank of Korea under a credit transaction agreement. The above loan claims against C were transferred in sequence to D, etc. after the Industrial Bank of Korea, and the Plaintiff (hereinafter “Plaintiff”) was changed from E to the Plaintiff on June 19, 2017.

A) Around October 2011, the Plaintiff acquired the above claim. (2) Around August 2012, the Plaintiff filed a lawsuit against C with the Seoul Central District Court No. 2012Da206475 to seek the payment of the acquired claim.

On November 19, 2012, the above court rendered a judgment ordering C to pay damages for delay to the Plaintiff KRW 81,19,162 and KRW 24,335,793, which became final and conclusive on December 6, 2012.

B. On January 9, 2015, C is equivalent to KRW 62,00,000,000 in value of a building listed in the separate sheet (a newly constructed building around 1997) on January 9, 201.

hereinafter referred to as “instant building”

(C) The registration of ownership transfer was completed with respect to the registration of ownership preservation (C) and completed the registration of ownership transfer based on sale as to the F 404.4 square meters in Jeju, which is the land for the instant building, on December 30, 1997, with respect to the share of 32.21/661/61 square meters.

the same month to the defendant on the same day.

7. The registration of transfer of ownership (35,000,000 won on the register) was completed on the grounds of sale.

2 The defendant on May 8, 2015, with respect to the instant building, the same month for G on the same day.

4. The registration of transfer of ownership (40,000,000 won on the register) caused by the sale was completed; and

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 2, appraiser H’s appraisal result, fact-finding results on Eul Co., Ltd. (the President of Jeju District), the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts and evidence as seen earlier, and the purport of the entire pleadings, C sells the instant building to the Defendant in excess of the obligation.

arrow