logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.01.08 2014가합9617
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 16, 201, the Gyeonggi Savings Bank Co., Ltd. and C’s credit transaction agreement and C’s debt for the principal and interest of loans (hereinafter “Game Savings Bank”) concluded a credit transaction agreement with C on May 16, 201 with a credit limit amounting to KRW 369,00,000,000, annual interest rate of August 16, 201, annual interest rate of KRW 11.5%, annual interest rate of KRW 23.5% (hereinafter “instant credit transaction agreement”) with C as of June 16, 201, and C loaned KRW 369,00,00 to C. As of June 16, 2013, C took the principal and interest of loans under the said credit transaction agreement (hereinafter “principal and interest of this case”) under the said credit transaction agreement (i.e., principal and interest of KRW 369,00,000,00,008,79).

B. On June 14, 2013, C, including the conclusion of a sales contract for the instant real estate between C and the Defendants, entered into a sales contract with the Defendants to sell each of the instant real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 520 million (hereinafter “instant sales contract”). On the same day, C concluded each of the instant real estate shares of KRW 1/2 shares among the instant real estate with the Defendants under Article 37687 of the Addenda of the Incheon District Court Branch Branch Office for Incheon District Court (hereinafter “instant transfer registration”).

C. On July 1, 2013, the sports savings bank was declared bankrupt on the bankruptcy of the sports savings bank, the Plaintiff’s trustee in bankruptcy, and the sports savings bank was declared bankrupt on July 1, 2013, and the Plaintiff was appointed as the trustee in bankruptcy.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion C caused an excessive amount of debt by concluding the instant sales contract, and thus, the instant sales contract constitutes a fraudulent act detrimental to the general creditors including the Plaintiff, and thus, the instant sales contract should be revoked.

arrow