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(영문) 인천지방법원 2017.08.11 2016가단205020
사해행위취소
Text

1. Within the limit of KRW 106,820,50,000, respectively concluded on January 4, 2013 and January 31, 2013 between the Defendant and B.

Reasons

1. Facts of recognition;

A. As to B, the Plaintiff, a real estate rental business entity, imposed and notified value-added tax of KRW 2,172,320 and global income tax of KRW 639,740 for the second period of 2012 (from January to December 31, 2012) and KRW 639,740 for the global income tax of year 2012.

B. On January 4, 2013, B sold (hereinafter “instant sales contract”) 1.1 billion won (such as the secured debt of each right to collateral security, the repayment of taxes in arrears, and the succession to the obligation to refund the lease deposit) to C on the same day and completed the registration of ownership transfer as of January 4, 2013.

C. On March 12, 2009, the registration of the establishment of the collateral security right E, the maximum debt amount of KRW 182 million was completed on October 11, 2010, the registration of the establishment of the collateral security right, the National Bank of Korea, the National Bank of Korea, the maximum debt amount of KRW 559 million on October 11, 201, the establishment of the collateral security right of KRW 130 million on May 31, 2012, the establishment of the collateral security right of KRW 130,000,000,000,000,000 won, the Defendant, the heir, the heir of the Plaintiff on June 29, 2012, and the registration of the attachment under the name of Seocheon-gu, Busan.

C paid to B the purchase price under the instant sales contract in KRW 230 million on January 4, 2013, and KRW 215,170,600 on January 31, 2013, respectively. On January 28, 2013 and January 29, 2013, each of the above attachment registration was cancelled by fully paying KRW 16,023,600 on the amount of taxes in arrears. On January 31, 2013, C succeeded to the obligation to refund KRW 16,80,000 on the instant real estate, and January 30, 2013.

2. 1. Repayment of the principal and interest of loans to national banks, 433,413,229 won, and 97,642,536 won, as well as the principal and interest of loans to stock banks, were cancelled;

E. B paid KRW 180 million out of the total amount of KRW 230 million received as the purchase price on January 4, 2013 to E, and cancelled the right to collateral security under its name, and transferred KRW 5 million to the account in the name of the Defendant.

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