logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2020.05.07 2019가단27597
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A sales contract concluded on June 5, 2019 between the Defendant and C is concluded between the Defendant and C.

Reasons

1. Basic facts

A. The Plaintiff’s loan claim 1) on March 19, 2018: (a) the Plaintiff lent 36 million won to C at an interest rate of 17.9% per annum; (b) 60 months per annum; (c) 24% per annum of overdue interest rate; and (d) the method of repayment of principal and interest per month (hereinafter “instant loan”).

(2) On March 20, 2018, C had the Plaintiff registered the creation of mortgage over D 9 automobiles with a maximum debt amount of KRW 18 million as security for the instant loan debt.

3) C paid only the principal and interest of the instant loan to the Plaintiff on June 5, 2019, and did not pay the principal and interest of the instant loan from July 2019 to the Plaintiff. As of September 2, 2019, the interest and interest in arrears as of September 2, 2019 are KRW 31,228,847 in total. C’s act of disposal of property and property status in excess of the obligation on June 5, 2019 (if around that time, C was liable for the total amount of KRW 834,394,270 in total to the Plaintiff, E., E., Gyeongnam Credit Guarantee Foundation, F.F., and name unsound, while each real estate listed in the separate sheet, fishing vessel value of KRW 145,00 in total, KRW 145,00 in the name of “G” was actively owned.

(2) The Defendant sells each of the real estate listed in the separate sheet to the Defendant for KRW 120 million (hereinafter “instant sales contract”).

) On July 25, 2019, the registration of ownership transfer was completed under the name of the defendant. [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 10 (each entry including number, each order to submit each financial transaction information, the results of fact inquiry, the whole purport of the pleadings.

2. Determination

A. According to the facts of the recognition of the intention of fraudulent act and intent to commit suicide, C concluded the instant sales contract with the status of excess of debt on June 5, 2019 and completed the registration of ownership transfer for each real estate listed in the separate sheet to the Defendant, thereby reducing active property and deepening the shortage of joint security for general creditors, this constitutes a fraudulent act.

C The instant sales contract reduces the creditor’s joint security.

arrow