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(영문) 서울중앙지방법원 2018.08.20 2017나81726
사해행위취소 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. D around December 7, 199, used a credit card issued by the Plaintiff with the credit card around December 7, 199, and the credit card price due to the payment for goods, etc., and the credit card price due to the loan was KRW 34,896,925 around January 5, 2016, and the credit card price was overdue from February 5, 2016, and became KRW 43,717,202, including late payment charges, as of March 2, 2017.

B. On November 18, 2014, among the apartment buildings listed in the attached Form (hereinafter “instant apartment”) on November 18, 2014, the ownership transfer registration was completed in the name of D, while the 1/2 shares were the D’s spouse, and the D and E reported a divorce on February 17, 2016.).

(2) On January 5, 2016, D entered into a contract with the Defendant, who is one’s own wife, to sell D shares for KRW 280 million (hereinafter “instant sales contract”), and on January 15, 2016, D entered into a contract with the Defendant to sell D shares for KRW 280 million (hereinafter “instant sales contract”); and on January 15, 2016, D shares under the name of the Defendant.

(hereinafter “Registration of transfer of ownership of this case”). Meanwhile, on December 15, 2016, the registration of transfer of ownership was made in F’s name with respect to the apartment of this case.

C. On November 18, 2014, with respect to the instant apartment, the debtor was D, and the registration of creation of a mortgage (hereinafter “E’s registration of collateral security”) with the maximum debt amount of KRW 24 million was completed, with the debtor as E, and the registration of creation of a mortgage (hereinafter “E’s collateral security registration”) with the maximum debt amount of KRW 156 million was completed.

On January 15, 2016, when the registration of the ownership of this case was completed under the name of the defendant on January 15, 2016, the registration of the collateral security and the registration of the collateral security of E was cancelled, respectively, and with respect to the apartment of this case, the registration of the establishment of the collateral security of the maximum debt amount of KRW 1968 million against the debtor E, and the registration of the establishment of the collateral security of KRW 1968 million against the maximum debt amount against

On the other hand, as of January 5, 2016, the amount of the secured obligation for D's registration of collateral security is KRW 160,791,591, and the amount of the secured obligation for E's registration of collateral security.

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