(영문) 서울동부지방법원 2020.05.21 2018가합114394

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(영문) 서울동부지방법원 2020.05.21 2018가합114394

사해행위취소

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff applied for a payment order against E with the Republic of Korea District Court Decision 2017Hu281, Namyang City Court Decision 580,000,000,000 and damages for delay. The said court issued the same payment order on February 15, 2017 and issued the payment order on March 9, 2017, which became final and conclusive. 2) On July 3, 2017, D, the spouse of E, performed KRW 580,00,000 to the Plaintiff on July 27, 2017 and paid KRW 5,00,000,000 or more as at the end of each month from July 27, 2017, and prepared a guarantee contract (in the event of breach of the terms and conditions of the agreement, loss of full repayment shall be made and delivered).

B. On the other hand, the Defendants entered into a sales contract with D on February 23, 2018 with respect to each of the instant apartment units, with respect to KRW 885,00,000 (hereinafter “instant sales contract”), and completed the registration of ownership transfer on March 12, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The conclusion of the instant sales contract with the Defendants constitutes a fraudulent act that causes damage to the Plaintiff, which is the creditor, and thus, the instant sales contract should be revoked. Since the mortgage established on the instant apartment after the conclusion of the instant sales contract was revoked, the Defendants are obligated to return to the Plaintiff the amount of KRW 42,438,170 calculated by subtracting the amount of the secured claim of the instant apartment from KRW 885,00,000,000, the amount of the instant apartment from KRW 885,000,000,000, which is the secured claim of the instant apartment, and KRW 342,438,170,00 (=85,000,000 - KRW 422,561,830 - 120,000,000).

3. Determination

A. The establishment of a fraudulent act has already been completed 1.

유사 판례

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