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(영문) 대구지방법원 2017.06.13 2016가단100178 (1)
사해행위취소
Text

1. The sales contract concluded on May 11, 2015 between the Defendant and C is revoked.

2...

Reasons

1. Facts recognized;

A. The Plaintiff’s claim 1) lent money to C several times, and the sum of the loans extended to C until November 25, 2014 is 52,484,000. On November 25, 2014, C agreed to pay the Plaintiff KRW 52,484,00 to the Plaintiff on the last day of each month at the end of each month, but if the payment of interest is in arrears for at least three months, C lost its benefit by failing to pay the said installment payments, and C lost its benefit by failing to pay the said installment payments, and the Plaintiff filed a lawsuit against C seeking the payment of the said loan (C was a co-defendant in this case) and was rendered a favorable judgment on March 3, 2016. The above judgment became final and conclusive on March 21, 2016.

B. C’s disposal of real estate 1) Each real estate listed in the separate sheet (hereinafter “instant real estate”).

On December 27, 2002, the registration of ownership transfer was completed under D’s name on May 13, 2015, C entered into a sales contract with the Defendant on May 11, 2015, and completed the registration of ownership transfer on May 13, 2015.

3) At the time of May 2015, the instant real estate was the only real estate owned by C. The purport of the entire pleadings is as follows: (a) the fact that there is no dispute over the grounds for recognition; (b) the entry of evidence Nos. 1, 2, 3, 16, 17, and 18;

2. The intention to commit fraudulent acts and to injure himself;

A. According to the above facts, at the time of entering into a sales contract for the instant real estate between the Defendant and C, the Plaintiff had a loan claim against C, and thus, the said loan claim is subject to the revocation of fraudulent act.

B. In addition, the instant real estate should be provided to C’s creditors, including the Plaintiff, as joint collateral, and the act of selling the instant real estate, which is the only real estate C, to the Defendant constitutes a fraudulent act against C’s general creditor.

C. C. The defendant of this case

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