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(영문) 울산지방법원 2018.11.13 2018가단14730
사해행위취소
Text

1. As to the real estate stated in the separate sheet between the defendant and C, a contract between the defendant and C on May 25, 2018 shall be made.

Reasons

1. Facts of recognition;

A. The Plaintiff concluded a loan agreement with C as indicated below, and loaned KRW 30 million.

B. C From December 10, 2017 to pay the principal and interest of loans, C lost a benefit due to repayment of the loan from February 9, 2018, and the amount of the principal and interest of the loan to the Plaintiff as of June 4, 2018 is KRW 29,712,124.

C. On May 14, 2012, the registration of the establishment of a mortgage on the real estate indicated in the separate sheet (hereinafter “the instant real estate”) was completed under the name of the maximum debt amount of KRW 48 million, the debtor D, the mortgagee of the right to collateral security (hereinafter “E Association”), and the E Association (hereinafter “E Association”), but the decision to commence voluntary auction (F) was made on July 26, 2017 for the instant real estate at the request of the E Association, and the voluntary auction procedure was initiated.

C Based on the gift made by May 25, 2018 (hereinafter “instant gift”), C had completed the registration of transfer of ownership under the name of the Defendant under the title of the Daegu District Court No. 33661 on the same day of the Port Support of the Daegu District Court (hereinafter “instant donation”).

In addition, the voluntary auction of the instant real estate was withdrawn upon the application of the E Union on the same day.

E. At the time of the instant donation, C was insolvent.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 7, Eul evidence 4, 9, and 20, each of the gists before oral argument

2. The assertion and judgment

A. According to the fact of recognition as above, the Plaintiff’s principal and interest claim against C shall be subject to creditor’s right of revocation as it has already arrived at the time of donation of this case.

B. As seen earlier, C donated the instant real estate to the Defendant under insolvent. As seen earlier, C sold the instant real estate to the Defendant.

Therefore, it is reasonable to view that the donation of this case constitutes a fraudulent act which causes the lack of common creditors' joint collateral, including the plaintiff, and that C's intention was as follows.

(2) The defendant, as C, is an objection.

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