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(영문) 수원지방법원성남지원 2017.05.02 2016가합201742
대여금청구 및 사해행위취소
Text

1. Defendant B’s KRW 234,600,000 as well as 5% per annum from April 7, 2016 to May 2, 2017 to the Plaintiff.

Reasons

Basic Facts

During the period from August 8, 2008 to July 2014, the Plaintiff’s claim against Defendant B lent the sum of KRW 274,00,000 to Defendant B as follows:

On August 8, 2008, KRW 50,000,000 for a lump sum of the lump sum amount, KRW 30,000,000 on September 50, 2012, 200,000 on August 8, 2008, and KRW 40,000,000 on April 40, 2013, 200,000 for a total of KRW 10,000 on January 10, 2012, KRW 10,000 on January 10, 2012, KRW 10,000,000 for the Plaintiff up to KRW 75,00,000 on May 18, 2012, KRW 200,000 on a total of KRW 274,00 on 10,00,00 on 1304,2014; and

The temporary amount of KRW 1,50,000 on November 11, 2014 shall be KRW 5,000,000 on June 30, 2015, and KRW 10,400,000 on September 16, 2015, KRW 5,000 on September 2, 2015, KRW 00,000 on March 5, 2015, KRW 00 on KRW 1,00,000 on March 19, 200, KRW 00 on April 62, 2015, KRW 0,000 on KRW 1,50,00 on KRW 30 on April 23, 200, KRW 00 on KRW 10,00 on April 23, 200, KRW 00 on the disposal of real estate, and KRW 10,5,01 on May 23, 2015.

On May 23, 2014, Defendant B entered into a pre-sale agreement with D to purchase and sell the instant real estate, which was the only property at the time, to secure obligation 90,000,000 won with D (hereinafter “the instant pre-sale agreement”), and on the same day, completed a provisional registration to preserve the right to claim the transfer of ownership against D.

On November 27, 2014, Defendant B sold the instant real estate in KRW 700,000,000, which is the only property to Defendant C, one of his ancillary children.

(hereinafter “instant sales contract”). In this process, part of the purchase price was used to repay the debt owed to D under the said paragraph (2), and Defendant C transferred the status of a person entitled to provisional registration on November 27, 2014 and completed additional registration.

On December 3, 2014, Defendant C shall make the principal registration of transfer of ownership based on the above provisional registration.

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