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(영문) 서울서부지방법원 2021.02.03 2019가단250612
사해행위취소
Text

In February 1, 2016, the sale and purchase contract between C and the defendant on the real estate listed in the separate list between C and the defendant shall be within the scope of KRW 56,72,371.

Reasons

1. On October 2014, C applied for membership of the credit card member of D Co., Ltd., but failed to pay the above credit card price. On May 31, 2016, D Co., Ltd transferred the above claim against E Co., Ltd., and on June 27, 2018, E Co., Ltd transferred the above claim against D to the Plaintiff.

The Plaintiff filed an application against the Plaintiff for the payment order with respect to the above obligation to pay the Plaintiff the amount of KRW 50,027,528 and KRW 27,532,064, whichever is applicable, with respect to KRW 24.5% per annum from September 20, 2019 to the date of full payment (Seoul Northern District Court Decision 2018Da3497, Nov. 10, 2018).

On the other hand, on February 1, 2016, C sold the real estate listed in the separate sheet (hereinafter “the instant real estate”) owned by it in KRW 185,00,000,00 to the Defendant, one’s own partner, who was the Defendant (hereinafter “instant sales contract”), and on February 5, 2016, C transferred the ownership of the instant real estate under the Defendant’s name due to the instant sales contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination:

A. As a result of questioning the facts about C’s active property at the time of conclusion of the instant sales contract, in full view of the purport of the argument, the part concerning the claim for cancellation of the act was KRW 238,50,000 in total amount of KRW 114,80,000 in total, KRW 114,807,00 in financial institutions’ debt (on the basis of its original deposit), KRW 600,000 in total, KRW 185,000 in total, KRW 47,50,000 in total, KRW 5,500 in total, KRW 5,000 in total, and KRW 238,00 in total, KRW 114,807,00 in total, KRW 600 in return of lease deposit, KRW 60,000 in return of lease deposit, KRW 70,000 in small property.

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