(영문) 부산지방법원 2017.02.16 2016가합47471

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(영문) 부산지방법원 2017.02.16 2016가합47471

사해행위취소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 21, 2015, the conciliation was concluded between the Plaintiff and Tachix (hereinafter “Non-Party Company”) that “The Non-Party Company paid KRW 365 million to the Plaintiff not later than April 20, 2016, and if the date of payment is due, the amount unpaid and the delay damages calculated at 20% per annum from April 21, 2016 to the date of full payment.”

B. On November 5, 2015, the non-party company entered into a sales contract with the Defendant, stating that the price shall be 400 million won for each of the real estate listed in the separate sheet, which is the only property of the Defendant (hereinafter the instant real estate), which is the real estate (hereinafter the instant real estate), and shall pay the remainder after deducting the amount of secured debt against the National Bank Co., Ltd. (hereinafter the instant sales contract), and completed the registration of ownership transfer for the Defendant future.

C. On November 25, 2015, the Defendant borrowed KRW 300 million from the Korea Fisheries Cooperatives, and repaid KRW 178,750,408 to the National Bank of Korea as a collateral obligation to the National Bank of Korea. On the following day, the registration of establishment of the National Bank of Korea was cancelled.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4-1, 2-2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff asserts that the non-party company sold the real estate of this case, which is its sole property, to the defendant since 15 days have not passed since the mediation was completed between the plaintiff and the non-party company, and that the completion of the registration of ownership transfer in the future of the defendant constitutes a fraudulent act that causes damage to the joint security of general creditors including the plaintiff. Since the defendant is presumed to be a malicious beneficiary, the above sales contract shall be revoked within the scope of the amount stated in the claim, and the defendant shall pay the above amount to the plaintiff as compensation for the return to the original state.

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