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(영문) 서울남부지방법원 2017.01.06 2016가단204954
사해행위취소
Text

1. Each sales contract concluded on October 17, 2013 by the Defendant and B with respect to each real estate listed in the separate sheet is 27,184.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff loaned the Plaintiff’s loan claim (1) to B at the interest rate of KRW 14.5% per annum, interest rate of KRW 19% per annum, overdue interest rate of KRW 19% per annum, and November 20, 2014 on the loan maturity date. The Plaintiff loaned the loan to B on November 28, 2012 at the interest rate of KRW 14.5% per annum, interest rate of KRW 19% per annum, overdue interest rate of KRW 19% per annum, and date of loan maturity of November 28, 2014.

(2) The respective principal and interest of each of the instant loans as of January 6, 2016, each of the instant loans is KRW 13,592,335, respectively (=interest KRW 10 million + interest KRW 1,182,199 + overdue interest KRW 2,410,136) and total amount of KRW 27,184,670.

B. On October 17, 2013, the Defendant entered into a sales contract with the Defendant to purchase KRW 30 million (hereinafter “the first sales contract of this case”) the real estate (hereinafter “the instant real estate”) listed in the [Attachment List No. 1”) from B from October 17, 2013, and completed the registration of ownership transfer on October 21, 2013.

(2) On October 17, 2013, the Defendant entered into a sales contract to purchase real estate (hereinafter “instant 2 through 5”) in the attached list for KRW 15 million from B, and completed the registration of ownership transfer on October 21, 2013.

(3) On April 30, 2014, the Defendant concluded a sales contract to sell the instant first real estate in KRW 30 million with KRW 15 million, and completed the registration of ownership transfer on May 1, 2014.

C. The relationship between the Defendant and B is the mother of the Defendant.

B’s asset status (1) B was owned by 23,802 square meters in addition to each real estate of this case at the time of each sales contract of this case, E- Gun E, the same as 680 square meters in addition to the real estate of this case.

B on December 24, 2013, F sold the said D Forest in KRW 10 million to F, and completed the registration of ownership transfer on December 30, 2013, and the said D Forest in January 6, 2014.

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