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(영문) 수원지방법원 성남지원 2018.01.19 2016가단204379
사해행위취소
Text

1. On November 16, 201, a trade reservation entered into between the Defendant and C on November 16, 201 and March 2015, regarding D maintained 978 square meters in Sungnam-si, Sungnam-si.

Reasons

Basic Facts

On September 10, 2007, the Plaintiff loaned KRW 500 million to C at interest rate of 24% per annum (payment on September 10, 2007) (hereinafter “instant first loan”), and on September 18, 2007, KRW 1 billion at interest rate of 24% per annum (payment on September 20, 2007) (hereinafter “instant second loan”).

C paid all interest on each of the instant loans until December 2008. However, since 2009, only interest on the instant loans were paid for only a part of the interest on each of the instant loans. Since 2011, the interest was not paid at all.

As of November 16, 201, the Plaintiff’s loan claim against C is KRW 1.5 billion in total of the principal, and KRW 225 million in total of the accrued interest on the instant loan No. 1 (=interest of KRW 20 million in 2009, KRW 95 million in interest accrued until November 10, 201) and KRW 680 million in total of the accrued interest on the instant loan No. 200,000 won (interest unpaid from November 15, 201).

As of the end of September 2014, the Plaintiff’s loan claim against C is KRW 1.5 billion in total, and KRW 565 million in total, the interest accrued on the instant loan No. 1 [the interest accrued from 2008 to September 2014, KRW 950 million in total, the interest accrued from 2009 to 2009, KRW 450 million in total] and KRW 1.38 billion in total, the interest accrued on the instant loan No. 200 million in total (interest unpaid from 2009 to September 2014).

A registration of the right to claim transfer of ownership has been made on the ground of a pre-sale agreement made on November 18, 201 on November 16, 201 (hereinafter referred to as “instant pre-sale agreement”) with the Suwon District Court, Sung-nam Branch Office, Sung-nam Branch Office (hereinafter referred to as “instant real estate”), for the purpose of maintaining D maintained 978m2 (hereinafter referred to as “instant real estate”), which is his/her own ownership, and the right to claim transfer of ownership does not exceed the provisional registration for the Defendant.

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