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(영문) 전주지방법원 정읍지원 2018.09.13 2017가단12293
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. Credit transaction agreements and assignment of claims B have concluded a credit transaction agreement with the Korean bank on March 11, 201, thereby obtaining loans of KRW 50 million, and thereafter extending the said credit transaction period on a regular basis.

On December 17, 2014, the Plaintiff entered into an agreement on the assignment of claims for the above loans with the Korean bank, Korea, and the notification of the assignment of claims to B was completed on January 15, 2015.

(B) The above loan claims that the Plaintiff acquired (hereinafter referred to as “instant loan claims”).

On January 10, 2014, B entered into a sales contract with the Defendant for the purchase price of KRW 55 million with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”), and on the same day, on January 10, 2014, the transfer registration of ownership was completed on the instant real estate received on January 10, 2014 by the Jeonju District Court.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 8 (including each number), the purport of the whole pleadings

2. Whether the right to revoke the fraudulent act is established;

A. Since the instant claim for the acquisition amount of the preserved claim had already occurred prior to the instant sales contract claiming that the Plaintiff was a fraudulent act, the right to revoke the fraudulent act may be the preserved claim.

B. 1) The Plaintiff asserts that the sales contract of this case should be revoked by fraudulent act as to whether B was in a state of insolvency at the time of the sales contract of this case, and that it constitutes a fraudulent act with the knowledge that the debtor in a state of excess of debt sold real estate to a third party and completed the registration of ownership transfer to a third party, barring special circumstances. 2) As to whether B was in a state of excess of debt at the time of the sales contract of this case, each of the records of health class, Gap 1 through 5, Eul 5, Eul 6, 9, 10, 12 (including additional numbers), and this Court.

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