logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.03.04 2015가단226506
사해행위취소
Text

1. As to co-ownership 1/2 of the real estate listed in the separate sheet:

A. It was concluded on May 14, 2013 between Nonparty B and the Defendant.

Reasons

1. Basic facts

A. On February 27, 2013, the Plaintiff made a loan to Nonparty B on February 27, 2015, with an agreement rate of 16.1% per annum, and 7.3 million won per annum on the condition of 19% per annum. The Plaintiff’s loan to Nonparty B was 9,047,513 won for the principal and interest of loan, which was not paid by B as of June 17, 2015 (i.e., KRW 1,451,113, and overdue interest amount of KRW 296,400 after the repayment of the loan principal amount of KRW 7.3 million per annum.

B. B and its wife, the Defendant purchased on April 23, 201 the real estate listed in the separate sheet (hereinafter “instant apartment”) in the amount of KRW 480 million and the same year.

6.1. After completing the registration of ownership transfer as to each one-half of the shares, the registration of the establishment of the establishment of the establishment of the neighboring maximum debt amount of KRW 130 million by the debtor C of the Seongbuk-Nam Saemaul Bank, which was already established, was terminated. On the same day, the debtor B made the registration of the establishment of the establishment of the neighboring maximum debt amount of KRW 360 million to the Korean C CC Group Capital Co., Ltd.

C. B terminated on May 3, 2013 the registration of the establishment of a neighboring mortgage in the name of the said Korea CFF Capital Co., Ltd., but, on April 30, 2013, the former year entered into a mortgage agreement with the Korea SPAD Bank (hereinafter “SP”) and the maximum debt amount of KRW 300 million with the debtor on April 30, 2013.

5.2 After the registration of the establishment of a neighboring mortgage was completed, on the 14th day of the same month, approximately 10 days thereafter, the registration of the ownership transfer was completed to the Defendant, who is his wife, on the grounds of the same date donation as to 1/2 of the shares out of the apartment of this case owned by himself.

On May 14, 2013, the apartment ownership of this case 1/2 was the only real estate owned by B and there was no particular property. At the time, B was liable for the debt, such as the principal of the loan to the Plaintiff, KRW 7.3 million, and its interest, with the loan principal of KRW 250,000,000,000,000,000,000 won.

[Grounds for recognition] There is no dispute between the parties.

arrow