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(영문) 전주지방법원 2018.11.21 2018가단2129
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “Nonindicted Company”) concluded each credit transaction agreement with the Plaintiff and received the loan as follows. On December 8, 201 and December 20, 2012, each credit card subscription agreement was concluded between the Plaintiff and the Plaintiff and used the credit card.

As of March 15, 2017, March 17, 2018, 2011, the date of expiration of the loan amount on the date of the agreement (based on the date of extension) 14.10 million won on August 14, 2014, the non-party company bears to the Plaintiff a total of 206,803,968 won, including interest on the loan amount and the credit card use amount, as of March 15, 2017.

B. On August 7, 2015, Nonparty Company entered into a sales contract with C on the real estate listed in the separate sheet (hereinafter “instant real estate”), and on the same day, between D and D, “150 million won of a security deposit,” and “from August 7, 2015 to August 6, 2017, the period of delivery shall be from August 31, 2017,” and “one hundred million won of a security deposit,” and “D obtained a fixed date on the same day.”

After all, the non-party company completed the registration of transfer of ownership in the name of the non-party company on August 11, 2015 for the instant real estate on August 7, 2015.

C. On September 2, 2015, the non-party company borrowed 100 million won from the Defendant on the last day of August 2016, 2016, 3% of the interest, and concluded a mortgage agreement with the Defendant on September 11, 2015 regarding the instant real estate, and completed the registration of establishment of a neighboring mortgage in the name of the Defendant with the maximum debt amount of the instant real estate as KRW 38 million on the same day.

On January 5, 2017, Nonparty Co., Ltd. entered into a sales contract with the Defendant, setting the sales price of the instant real estate as KRW 188,00,000,000 (hereinafter “instant sales contract”) and entered into the sales contract on January 6, 2017 under the name of the Defendant on the ground of the instant sales contract.

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