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(영문) 청주지방법원영동지원 2016.02.19 2014가단1842
사해행위취소
Text

1.(a)

The real estate recorded in the attached list between the defendant and C is a pre-sale contract concluded on August 27, 2013 and a pre-sale contract.

Reasons

1. Facts of recognition;

A. On January 5, 2007, the Plaintiff received a loan certificate from the Defendant and C to the effect that “the Defendant, under the guarantee of C, borrowed 130 million won from the Plaintiff at a rate of 1.2% per month.” The Defendant and C repaid the Plaintiff the amount of KRW 30 million on or around February 2007, and repaid the amount of KRW 1.2% per month from March 17, 2007 to December 15, 2008.”

(2) On September 4, 2007, the Plaintiff lent KRW 100 million to the Defendant and C, but was paid on September 17, 2007, and on October 30, 2009, the Plaintiff again determined KRW 100 million to the Defendant and C as interest rate of KRW 1.2% per month (hereinafter “instant lending”).

(2) On October 17, 2013, the Plaintiff filed a lawsuit seeking the payment of the instant loan against the Defendant and C as Youngju District Court Branch 2013Kahap504.

(2) The Defendant and C jointly pay to the Plaintiff the amount of KRW 138,963,133, and KRW 100,00,00 among them, the amount of KRW 138,963,133 is calculated on September 25, 2013, and KRW 1.2% per month from September 25, 2013 to the date of full payment.

3) On October 8, 2014, the above court rendered a judgment in favor of the Plaintiff on the following: “The Defendant and C jointly and severally filed an appeal with the Plaintiff for KRW 137,182,910 and KRW 100,000 among them, and with respect to KRW 37,182,910, the remainder of KRW 37,182,910, and with respect to KRW 14.4% per annum from September 25, 2013 to the date of full payment, the Defendant and C filed an appeal for the above judgment with the Daejeon High Court as KRW 2014,1790, but the appeal was dismissed on June 2, 2015.”

The judgment of the first instance became final and conclusive on June 23, 2015.

B. Real estate listed in the separate sheet (hereinafter “instant real estate”) attached to the Defendant and C’s reservation to sell and purchase and conclusion of mortgage contract

On September 5, 2002, registration of ownership preservation has been completed in the future of the Korea National Housing Corporation, and on August 5, 2009.

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