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(영문) 창원지방법원진주지원 2019.12.10 2019가단32183
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 31, 2013, the Plaintiff loaned KRW 36 million to C, the due date for payment, October 31, 2018, the interest rate of KRW 7.6% per annum, and the delayed interest rate of KRW 19% per annum.

(hereinafter “instant loans”). (b)

C’s acquisition (1) On May 30, 2006, on the following grounds: (a) on the real estate listed in paragraph (1) of [Attachment List No. 1 (hereinafter “real estate of this case”) and on the real estate of 3430 square meters (hereinafter “D”) 22/343 square meters in Jin-si; (b) on the other hand, Defendant, a birth partner of C, obtained inheritance registration as to D’s share on the same day; (c) on the same date, on the real estate of 121/343 square meters in D’; and (d) on the same date, on the same date, on the instant real estate of 300,000 won (hereinafter “second real estate”); and (d) on the same date, on the instant real estate of 200,000 won (hereinafter “the instant real estate”). On the other hand, C was established on August 26, 2014, with respect to each of the instant real estate collateral No. 1660,3250,500,2500, Mar. 1616.

(4) Also, on December 7, 2016, C sold D’s land (C’s trading price of KRW 253,980,000) to G and H with the Defendant.

(5) Meanwhile, the Defendant cancelled the instant three collateral mortgages on January 10, 2017, and the instant first and second collateral mortgages on April 3, 2017.

C's small property C is repayment of 3,5150,000 won of loans to I Bank around March 16, 2018.

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