logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.01.17 2018가단5256620
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. The pre-contract was entered into on May 8, 2018 between Defendant B and D.

Reasons

1. Basic facts

A. On January 27, 2003, E Co., Ltd. (hereinafter “E”) obtained a loan of KRW 250,000,000 from F Co., Ltd. (hereinafter “F”) at interest rate of KRW 13% per annum, interest rate of KRW 19% per annum, and due date of payment on March 3, 2004 (hereinafter “instant loan”).

D has jointly and severally guaranteed the debt of EF.

B. On April 8, 2009, the bankrupt F’s bankruptcy trustee and G filed a lawsuit against D, etc. seeking the payment of the instant loan (the Busan District Court 2008da128934), and the above court rendered a judgment citing both the above Korea Deposit Insurance Corporation and G claims.

C. On December 31, 2015, the Plaintiff acquired the instant loan claim from the Korea Deposit Insurance Corporation and G with the Bankruptcy Trustee of F, Korea Deposit Insurance Corporation.

As of February 13, 2018, the Plaintiff’s claim for the instant loan that the Plaintiff acquired remains 270,071,390 won, 676,702,713 won, and 869,728 won, including the provisional payment, 947,643,831 won.

E. D purchased real estate listed in the separate sheet (hereinafter “instant real estate”) on September 27, 2017 and completed the registration of ownership transfer in its name on September 28, 2017.

F. On May 4, 2018, Defendant C entered into a contract to establish a right to lease on a deposit basis with D and the instant real estate as of May 3, 2020 (hereinafter “instant contract to lease on a deposit basis”) and completed the registration of the establishment of a right to lease on a deposit basis in its own name on the same day.

G. On May 8, 2018, Defendant B entered into a pre-sale agreement with D on the instant real estate (hereinafter “instant pre-sale agreement”) and completed the provisional registration of the right to claim transfer of ownership in its own name on the same day.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers, hereinafter the same shall apply), Eul evidence Nos. 4, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above facts, the occurrence of the right to revoke the fraudulent act is based on the underlying facts.

arrow