logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2014.07.24 2013가단11174
사해행위취소
Text

1. A sales contract concluded on March 11, 201 with regard to the real estate listed in the separate sheet between the Defendant and B is 10,585.

Reasons

1. Facts of recognition;

A. B, while having been used with a credit card issued by the Plaintiff on January 8, 201, due to delinquency in the payment of the credit card from around January 201, the Plaintiff bears the Plaintiff’s obligation to pay a total of KRW 10,585,351 (principal KRW 6,603,682, interest KRW 365,193, interest KRW 183,841, legal expenses KRW 76,838, late 35,797) as of March 8, 2013.

B. B around March 11, 2011, around 201, the real estate listed in the separate sheet (hereinafter “instant real estate”) as its sole property was sold in KRW 170,000,00 to the Defendant, who is the birthee, as the Defendant (hereinafter “instant sales contract”), and completed the registration of ownership transfer on March 14, 201.

C. On April 8, 2011, the Defendant assumed the secured debt (the actual debt amount of 44,00,000,000) of the establishment registration of a neighboring livestock cooperative consisting of the debtor B and the mortgagee of the right to collateral security (the actual debt amount of 44,00,000,00) and completed the supplementary registration of the alteration of the right to collateral security.

(4) April 21, 201, the supplementary registration that reduces the maximum debt amount to KRW 46,800,000 has been completed. (D)

The instant real estate had resided in the tenant of KRW 75,00,000 for the deposit for lease. However, around February 15, 201, the Defendant leased the instant real estate to C by setting the deposit amount of KRW 95,000,000, and the lease period from April 11, 201 to April 10, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1, 3, and 17, and the court's strike viewing, and the fact-finding results against Gyeyang-gu Office, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the act of selling the instant real estate to the Defendant, the sole property of the Plaintiff, constitutes a fraudulent act detrimental to the general creditor, barring special circumstances, and B also was aware of the existence of a shortage of common creditors’ joint security due to the instant sales contract, and thus, the Defendant, the beneficiary, is also a bad faith.

arrow