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(영문) 제주지방법원 2019.11.26 2018가단63626
사해행위취소
Text

1. The sales contract concluded on December 18, 2017 between the defendant and the non-party E on each real estate listed in the separate sheet and the sales contract concluded on December 18, 2018.

Reasons

1. Basic facts

A. Around May 25, 2017, E of the No. notarial deed of a monetary loan for consumption was made by a notary public on behalf of the F, who is his/her wife, borrowed KRW 150 million from G and “F from May 25, 2017 to December 31, 2018, and repaid interest at the rate of 1.5% per month; if the repayment of principal or interest is delayed, interest shall be paid at the rate of 2% per month for the delayed principal or interest; if the debtor fails to perform each of the above monetary obligations, the debtor shall be paid a delay interest at the rate of 2% per month for the delayed principal or interest; if the debtor fails to perform the above monetary obligations, the notary public immediately conducted the compulsory execution on behalf of the debtor, 2017 No. 4566 (hereinafter “notarial deed,” and the contract of this case was made by the notarial deed, setting the guarantee limit of KRW 100 million for the above loan for consumption.

B. 1) On November 20, 2017, I shall provide each real estate listed in the separate sheet from JJ Co., Ltd. (hereinafter “instant real estate”).

(2) On December 18, 2017, E purchased KRW 400 million and completed the registration of ownership transfer under his/her name on December 18, 2017. (2) On December 18, 2017, the date of the registration of ownership transfer, E made a trade reservation on the instant real estate for the purpose of securing the Defendant and the obligation (hereinafter “sale reservation”). On the same day, E completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) based on the instant trade reservation on the instant real estate on the same day.

E sold the instant real estate to the Defendant on October 10, 2018, and on December 5, 2018, E completed the principal registration of transfer of ownership (hereinafter “instant principal registration”) based on the instant provisional registration with respect to the instant real estate in the future of the Defendant on December 5, 2018.

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