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(영문) 인천지방법원 2016.09.29 2016가단205358
사해행위취소
Text

1. As to KRW 26,288,719 and KRW 25,652,746 among the Plaintiff, Defendant A shall have 12% per annum from February 4, 2016 to March 2, 2016.

Reasons

1. The facts of the reasons for the recognition of each claim are as follows; Defendant A completed the provisional registration of the right to claim ownership transfer on January 9, 2015 with respect to each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) that is one’s sole property; Defendant A, one of his own property, completed the provisional registration of the right to claim ownership transfer based on the reservation on the same day; Defendant A, from the time of the provisional registration to the time of the provisional registration, experienced difficulties in paying the principal and interest of the loan due to business depression, etc.; and Defendant A, on September 10, 2015, may be recognized by comprehensively taking into account the following: (a) there is no dispute between the parties; or (b) there is no other dispute between the parties; or (c)

2. According to the above facts finding as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff the amount of KRW 26,288,719 as of February 3, 2016 and the amount of subrogated payment of KRW 25,652,746 as of February 4, 2016, the agreed interest rate of KRW 12% per annum from February 4, 2016, to March 2, 2016, the delivery date of a copy of the complaint of this case, and delay damages calculated at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

3. According to the facts of the above recognition as to the claim against Defendant B, at the time of the above promise to sell and purchase, the credit guarantee agreement was already concluded, and there was a high probability that claims based on the Plaintiff’s credit guarantee agreement in this case were created, and its probability was actually realized, the Plaintiff’s claims described in paragraph (2) against Defendant A may be the preserved claim of the obligee’s right of revocation, and A completed the transfer of ownership on each of the instant land, which is the only property under the Plaintiff’s obligation to the Plaintiff, due to the transfer of ownership due to the purchase and sale promise. Thus, the above promise to sell and purchase constitutes a fraudulent act by causing the shortage of common creditors’ joint security, barring special circumstances.

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