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(영문) 의정부지방법원 2015.11.17 2014가단121297
사해행위취소
Text

1. The gift contract concluded on May 3, 2013 between Nonparty B and the Defendant on the real estate indicated in the separate sheet is 17,282.

Reasons

1. Facts of recognition;

A. On April 7, 2010, the Korea Standards Bank established the loan period of 12 months and the loan interest rate of 3 months and the interest rate of 6.7% per annum with Nonparty B (hereinafter “instant loan claim”). The Bank lent KRW 15 million to Nonparty B (hereinafter “instant loan claim”).

B. B delayed the repayment of the principal and interest on the above loan, and the Korea SPPD Bank transferred the instant loan claim to the Plaintiff on June 20, 2014, and on July 4, 2014, notified the Plaintiff of the assignment of the said claim.

C. On May 3, 2013, B entered into a gift agreement with the Defendant on the real estate indicated in the separate sheet (hereinafter “instant real estate”) as its sole property (hereinafter “instant gift agreement”) (hereinafter “instant real estate”). On the same day, B completed the registration of ownership transfer in the name of the Defendant.

The principal and interest on the instant loan claims calculated by December 8, 2014 are KRW 17,282,946 (i.e., the principal and interest on the instant loan claims (i.e., KRW 15,00,000) and KRW 2,282,946).

E. Meanwhile, with respect to the instant real estate, the procedure for the auction of real estate based on the right to collateral security (hereinafter “instant auction procedure”) established prior to the conclusion of the instant gift contract was in progress. On February 25, 2015, Nonparty D sold the said real estate. At the said auction procedure, KRW 22,54,760 was distributed to the Defendant as the surplus on March 24, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7 (including each number), the purport of the whole pleadings

2. Determination

A. 1) The fact that the Plaintiff holds the principal of KRW 15,00,000 with the instant loan claim against B and the agreed interest thereon and delay damages, as seen earlier, may be the preserved claim of the obligee’s right of revocation. (ii) The said claim may be the secured claim of the obligee’s right of revocation. (iii) The obligor sells real estate, which is the sole property of the obligor.

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