logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안산지원 2020.09.04 2019가단76446
사해행위취소
Text

The sales contract concluded on May 8, 2018 between Defendant B and Nonparty D with respect to the real estate listed in the separate sheet was 9,000.

Reasons

1. Basic facts

A. On April 29, 2014, the Plaintiff’s credit 1) D loaned a loan from the Plaintiff to repay 50 million won in equal installments of principal and interest. (ii) The Plaintiff’s loan obligation owed to the Plaintiff by D as of August 28, 2019 is KRW 9,122,474.

B. 1) Defendant B’s real estate stated in the attached list (hereinafter “instant real estate”) from D, which was put on May 8, 2018 by Defendant B.

(2) The sales contract of this case is set forth as KRW 195 million and purchased (hereinafter “instant sales contract”).

(2) On May 24, 2018, E Co., Ltd. completed the registration of ownership transfer with respect to the instant real estate on May 24, 2018.

3) Meanwhile, as to the instant real estate on November 19, 2018, Defendant C registered the establishment of a mortgage (hereinafter “instant mortgage registration”) between Defendant C and the maximum debt amount of KRW 40 million, and Defendant B, the debtor, as to the instant real estate (hereinafter “instant mortgage registration”).

(4) On April 8, 2016, Nonparty F leased the instant real estate from D to April 9, 2018 by setting the lease deposit amount of KRW 150 million and the lease term of KRW 150 million. On April 22, 2016, Nonparty F obtained the fixed date under the said lease agreement.

Since May 24, 2018, F was refunded KRW 150 million from Defendant B.

5) As of June 5, 2020, the market price of the instant real estate is KRW 210 million. (c) At the time of the instant sales contract for the instant real estate property, D was in excess of the obligation at the time of the instant sales contract for D’s property status. [Grounds for recognition] The fact that there is no dispute, Gap’s evidence 1 through 4, Eul’s evidence 1, and Eul’s evidence 1,6 through 12 (each entry and the purport of the entire pleadings, including

2. Determination as to the cause of action

A. The debtor's act of selling his/her own real estate to another person at a price lower than the reasonable price or changing his/her own real estate into money easily for consumption, which is the only property.

arrow