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(영문) 서울동부지방법원 2016.09.21 2015가단126610
사해행위취소
Text

1. The sales contract concluded on September 24, 2014 between the Defendant and the Defendant for each real estate listed in the separate sheet is 89,490.

Reasons

1. Facts of recognition;

A. On October 23, 2012, B filed a lawsuit against the Plaintiff seeking the refund of the purchase price under Suwon District Court Branch Branch 2012Gahap21443. On September 6, 2013, the said court rendered a decision in lieu of conciliation, such as: (a) on September 6, 2013, B paid to the Plaintiff KRW 60,00,000 and damages for delay at the rate of 20% per annum from March 12, 2014 to the date of full payment; and (b) the said decision became final and conclusive on October 1, 2013.

B. On September 24, 2014, B sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant for KRW 400 million (hereinafter “instant sales contract”), and on October 2 of the same year, B completed the registration of ownership transfer in the name of the Defendant based on the instant sales contract with respect to each of the instant real estate.

C. As of March 7, 2005, each of the instant real estate was registered with the establishment registration of a collateral security (hereinafter “previous collateral security registration”) consisting of KRW 140,000,000 with the maximum debt amount, KRW 195,000 with the maximum debt amount, KRW 195,00,000 with the maximum debt amount, KRW 24 July 24, 2007, and KRW 195,000 with the debtor B, and the debtor B, and the laver National Agricultural Cooperative for the laverg National Agricultural Cooperative. However, the previous collateral security registration was cancelled on November 4, 2014.

At the time of the instant sales contract, B was in excess of the obligation exceeding the positive property.

[Ground for Recognition: Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. (1) According to the fact that the existence of a fraudulent act is acknowledged, the Plaintiff had a claim of KRW 60,000,000 based on the decision in lieu of the above conciliation as to B, and the above claim was established prior to the instant sales contract, and thus, can be deemed as a preserved claim.

(2) The fraudulent act of the instant sales contract is a sale of real estate, which is the sole property of the debtor.

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