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(영문) 인천지방법원 2020.04.09 2018가단33441
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. From February 2018, D delayed the use of credit cards issued by the Plaintiff from February 2, 2018, D issued a payment order on June 18, 2018, stating that “D shall pay to the Plaintiff KRW 21,292,155 and damages for delay on certain of its amount” against D in the Incheon District Court Decision 2018Hu15683, Jun. 18, 2018.

8. 24. Finality was established.

B. On January 4, 2018, D borrowed KRW 150,000,00 from E, and entered into a mortgage contract with regard to real estate listed in the [Attachment List (hereinafter “instant real estate”) with a maximum debt amount of KRW 225,00,000 (hereinafter “instant disposal disposition”), and completed the registration of creation of mortgage (hereinafter “instant mortgage”) on the same day.

C. On February 12, 2018, the Defendant remitted KRW 155,700,000 to E, and completed the registration of transfer of the instant right to collateral security on the ground of the transfer of confirmed claim as of the 19th day of the same month.

G Co., Ltd. (hereinafter referred to as “G”) completed the entry registration upon the decision to commence a compulsory auction (hereinafter referred to as “instant auction”) on July 27, 2018, as F of the Incheon District Court.

The instant real estate was awarded on March 27, 2019 during the instant auction procedure, and the same year.

6.12. The distribution schedule was drawn up that distributes the amount of KRW 158,700,000 to the Defendant, who is the right to collateral security.

【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 2, 3, and 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the act of offering real estate of this case, which is the only property owned by D, the debtor, as collateral, to one of the creditors constitutes an act detrimental to the general creditor, and that is presumed to be maliciously committed by E and the subsequent purchaser, the beneficiary, and the Defendant, the subsequent purchaser. Therefore, the instant disposition of this case should be revoked, and the Defendant shall be

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