logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.11.15 2017가단42233
사해행위취소등
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. Since the Plaintiff did not borrow KRW 81,00,000 to C in 2015, the Plaintiff filed a lawsuit with the Suwon District Court rendered a favorable judgment on May 2, 2018, stating that “C shall pay to the Plaintiff the amount of KRW 81,00,000 and the amount of KRW 15% per annum from February 1, 2017 to the date of full payment.”

B. On July 29, 2017, C entered into a sales contract with the Defendant on the following terms: (a) KRW 270,000,000; (b) the down payment of KRW 5,000; (c) the remainder KRW 265,00,000 on the date of the contract; and (d) the payment of KRW 265,00,000 on August 11, 2017 (hereinafter “instant sales contract”); and (c) the Defendant paid the down payment of KRW 5,00,000 on the day.

C. As to the instant real estate, on February 10, 2015, the right to collateral security, with the debtor C, the Industrial Bank of Korea, and the maximum debt amount of which are KRW 132,00,000, out of the debtor; and on February 4, 2016, with the debtor C, the Industrial Bank of Korea, and the maximum debt amount of which are KRW 60,000,000, was set respectively.

(hereinafter the above two collective security rights are referred to as “each of the instant collective security rights”).

According to the special contract of the sales contract of this case, ① cancel each of the instant mortgages at the time of the payment of the remainder, ② the seller as the lessee, and ② concluded a lease contract of KRW 230,000 with the seller as the lessee.

E. C and the Defendant, on August 25, 2015, did not cancel each of the instant mortgages until the payment of the remainder, concluded a lease agreement with the Defendant to accept KRW 160,000,000 as the secured debt of each of the instant mortgages, and to lower the amount of KRW 230,000,000 as KRW 70,000,00 on the same day.

F. The Defendant: (a) the remainder remaining to C on August 23, 2017 = 35,000,000 = 270,000,000; (b) the acquisition amount of the secured obligation - KRW 160,00,000; and (c) the lease deposit amount of KRW 70,000,000.

arrow