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(영문) 서울중앙지방법원 2018.11.02 2018가단5118445
사해행위취소
Text

1. The sales contract concluded on March 8, 2018 between the defendant and the non-party B on the real estate stated in the separate sheet was 28,224.

Reasons

1. Basic facts

A. B entered into a franchise agreement with the non-party Korea Korea Development Bank Co., Ltd. (hereinafter referred to as “non-party Korea Development Bank”) and between the Plaintiff, and entered into a franchise agreement with the Plaintiff on May 3, 2013 to guarantee the payment of damages arising from the said franchise agreement. (1) On May 16, 2013, the insurance amount of the insured is KRW 50,000,000, and the insurance period is from May 16, 2013 to May 15, 2018; (2) on May 3, 2013, the insured on May 3, 2013 to guarantee the payment of the obligation to return under the special subsidy agreement under the said franchise agreement; (3) the insurance period is KRW 10,00,000, and the insurance period is from May 16, 2013 to May 15, 2018.

B. On February 12, 2018, the non-party company notified the Plaintiff of the occurrence of the insurance accident. On March 7, 2018, the Plaintiff paid KRW 27,291,961 (=17,291,961 KRW 10,00,000) to the non-party company with insurance proceeds under each of the instant guarantee insurance contracts (i.e., KRW 17,291,961 KRW 10,000). As of September 5, 2018, the outstanding amount including delay damages was KRW 30,026,20 (=18,857,70 KRW 11,168,430).

C. B had the transaction value of KRW 85,00,00 with respect to the real estate indicated in the separate sheet, which was owned by himself/herself (hereinafter “instant real estate”), and completed the registration of ownership transfer under the name of the former husband, the Defendant, who was the former husband, on the ground of the sale as of March 8, 2018. As to the instant real estate, the registration of ownership transfer was completed on June 27, 2017, the maximum debt amount of KRW 72,000,000, the debtor, B, and the Industrial Bank of Korea, was revoked on April 16, 2018.

On the other hand, the market price of the instant real estate is KRW 87,500,000 at the time of the closing of the argument in the instant case. The secured amount of the Industrial Bank of Korea’s collateral is KRW 59,276,000

[Ground of recognition] The written evidence Nos. 1 through 6, and 8, the fact-finding results with respect to the Kim Jong-won, Kim Jong-won on June 12, 2018, and the fact-finding results on July 12, 2018.

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