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(영문) 서울서부지방법원 2018.10.25 2017가단218317
사해행위취소
Text

1.(a)

The sales contract concluded on October 23, 2012 between the Defendant and C with respect to the real estate listed in the attached list is 51,618.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) C is a D Co., Ltd. (hereinafter “D”) on October 26, 201.

(2) Around May 26, 2015, 200 won interest rate was 27.9% per annum (the annual interest rate of 37.9%), and the period was 48 months, and C lost the benefit of time due to its failure to implement the installment repayment agreement. (2) D transferred the Plaintiff’s loan claim against C, and delegated the authority to notify the assignment of the claim.

On June 30, 2015, the Plaintiff sent a content-certified mail notifying the above assignment of claims to C, and the above content-certified mail reached C around that time.

3) On April 5, 2017, the Plaintiff filed a lawsuit against C with the Seoul Western District Court 2016Gabu693939, and was sentenced by the above court to “C shall pay to the Plaintiff 46,700,294 won and 19,714,740 won among them at the rate of 15% per annum from December 11, 2016 to the date of full payment,” and the above judgment became final and conclusive around that time. (B) On October 23, 2012, C concluded a contract with the Defendant for the registration of ownership transfer with respect to the real estate stated in the attached list, which is the only real estate (hereinafter “instant real estate”), as to the purchase price of KRW 20 million,00,000,000,000,000,000,000,000 won and KRW 10,000,000,00,000,00 won.

2) On the other hand, at the time of the instant sales contract, the instant real estate E Co., Ltd. (hereinafter “E bank”).

The right to collateral security was established with the debtor C and the maximum debt amount of KRW 48 million, but the said right to collateral security was established on July 8, 2013, which was subsequent to the instant sales contract.

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