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(영문) 서울동부지방법원 2015.11.04 2013가합101089
사해행위취소
Text

1. Defendant B’s KRW 278,900,000 and 2% of the monthly amount from January 4, 2013 to April 22, 2013, respectively, to the Plaintiff.

Reasons

Basic Facts

On December 15, 2011, the Plaintiff loaned KRW 400 million to Defendant B on December 15, 201, with the interest rate of KRW 2% (8 million) and due date of repayment on December 15, 2013.

(hereinafter referred to as “the instant loan”). Defendant B paid all interest to the Plaintiff until September 15, 2012, but did not pay any subsequent interest.

On the other hand, Defendant B repaid KRW 150 million to the Plaintiff on January 3, 2013.

On April 9, 2013, the Plaintiff filed an application for a provisional disposition with respect to the instant real estate No. 1 with the right to claim ownership transfer registration as a preserved right, and completed its execution. On April 29, 2013, the Plaintiff received KRW 40 million from Defendant B and C with respect to the instant real estate No. 1, and received payment from the Plaintiff on April 29, 2013.

Defendant C, the wife of Defendant B’s alteration of the right to the instant real estate No. 1, sold the instant real estate No. 1 in the F Real Estate Voluntary Auction Procedure, and paid the price in full on February 6, 2012, completed the registration of ownership transfer based on sale.

On the other hand, regarding the first real estate of this case, the registration of creation of a mortgage as the same day, ① the maximum debt amount 316,800,000 won, ② the registration of creation of a mortgage as the debtor B, the mortgagee B, and the mortgagee of the right to collateral security, ② the maximum debt amount 36,000,000 won, and the debtor B, the mortgagee, and the mortgagee of the right to collateral security,

Since then, on November 22, 2012, the establishment registration of the instant real estate was completed with respect to KRW 60,000,000 with respect to the maximum debt amount on November 22, 2012, and the debtor C and the mortgagee G.

Since April 3, 2013, Defendant C sold real estate No. 1 of this case to H on April 29, 2013, the registration of ownership transfer was completed in the H on April 29, 2013.

Defendant C, who has changed the right to the second real estate of this case, completed the registration of transfer on October 20, 2010 on the second real estate of this case, based on sale on September 1, 2010.

On the other hand, 264,00,000 won with respect to the second real estate of this case on the same day.

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