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(영문) 대구지방법원 안동지원 2018.04.11 2017가단2861
사해행위취소
Text

1. The sales contract concluded on May 30, 2017 between the defendant and the non-party B on the real estate stated in the separate sheet was 20,46.

Reasons

Basic Facts

On June 21, 2016, the Plaintiff, including the Plaintiff’s loan to B, made a loan to B at an interest rate of KRW 18.5%, interest rate of KRW 24,50,000, 23.5%, interest rate of delay damages, and 36 months, and made a loan contract to B to pay the Plaintiff the principal and interest of the loan equally during the loan period (hereinafter “instant loan contract”), and paid the loan to B.

B From May 22, 2017, due to delay in paying the principal and interest of loans to the Plaintiff, and as of August 1, 2017, B is KRW 20,466,889.

B, on May 30, 2017, B, including a sales contract between B and the Defendant, entered into a sales contract between B and the Defendant to sell real estate listed in the separate sheet (hereinafter “instant apartment”) to the Defendant for KRW 200,000,000 (hereinafter “instant sales contract”), and completed the registration of ownership transfer for the instant apartment on the same day.

Before entering into the instant sales contract, on March 27, 2017, the registration of the creation of the right to collateral security (hereinafter “instant right to collateral security”) and creditors Hyundai Capital Co., Ltd., Ltd. (hereinafter “Moman Capital”), the maximum debt amount of KRW 184,800,000, and the debtor C (hereinafter “instant right to collateral security”), on April 26, 2017, the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) and the registration of the establishment of the right to collateral security (hereinafter “instant right to collateral security”) were completed by combining the instant right to collateral security and the instant right to collateral security (hereinafter “instant right to collateral security”) with the obligor B.

After the conclusion of the instant sales contract, the Defendant repaid KRW 20,300,000 to D on June 5, 2017, and cancelled the registration of establishment of the second place of the instant case, and the same month was the same.

7. It repaid 159,669,982 won to Hyundai Capital and cancelled the registration of the establishment of the first place of the instant case.

【Ground of recognition】 dispute.

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