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(영문) 광주지방법원순천지원 2015.11.19 2015가단1028
사해행위취소
Text

1. As to each real estate listed in separate sheet Nos. 1 and 2:

A. It was concluded on September 3, 2014 between the Defendant and B.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) B, upon obtaining a credit card from the Defendant on October 18, 1999 and using it, began to delay payment of credit card bills from October 2014. As of January 5, 2015, the credit card payment amount in arrears in B is equivalent to KRW 12,542,862 in total. 2) As of January 5, 2015, the Plaintiff filed an application with B for a payment order against this court to seek payment of credit card bills, etc. under the court’s 2014 tea3782, and on December 18, 2014, the Plaintiff received the payment order stating that “B shall pay to the Plaintiff 12,30,172 won and damages for delay.” The said payment order was finalized on January 6, 2015.

B. B’s disposal dispositive act 1) On September 3, 2014, as to each real estate listed in the separate sheet 1 and 2, B concluded a mortgage agreement with the Defendant on September 3, 2014, with the maximum debt amount of KRW 150,00,000, B, with the debtor and the mortgagee as the defendant. On the same day, Gwangju District Court’s net support registration and receipt No. 39640, and concluded a sales contract with the Defendant on September 5, 2014, and completed the registration of establishment of a mortgage with the Defendant on September 11, 2014, B completed the registration of establishment of a mortgage with the Gwangju District Court No. 3 and 40120 as to each real estate listed in the separate sheet 3 and 4 as to each real estate as indicated in the separate sheet 3 and 1.50,000,000, B between the Defendant and the Gwangju District Court on September 3, 2014; and completed the registration of establishment as Defendant No. 194.

C. Insolvent B was in excess of the obligation at the time of disposal of each real estate listed in the separate sheet because it did not own other real estate and active property around September 2014.

[Ground of Recognition] Unsatisfy, Gap evidence 1 to 6, Eul.

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