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(영문) 인천지방법원 부천지원 2018.10.11 2018가단1577
사해행위취소 등
Text

1. The limit of KRW 14,670,961, which was concluded on September 29, 2017 with respect to the real estate listed in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. (1) On July 18, 2017, the Plaintiff loaned KRW 6,50,000 at the interest rate of KRW 14.6% per annum, interest rate of arrears rate of KRW 26.6% per annum, and maturity of February 1, 2018 (comprehensive passbook loan) (hereinafter “comprehensive passbook loan”) to B on September 15, 2017, the Plaintiff determined and lent KRW 18,000,000 per annum 20.9% per annum, interest rate of arrears rate of KRW 27.9% per annum, and maturity of October 20, 2018.

(3) Article 7(1)5 of the General Terms and Conditions for Credit Transactions agreed to apply by B provides that “The amount of the principal and interest of a bank shall be KRW 14,670,961 (principal 14,472,232, interest 198,729)” as of January 29, 2018.

B. B and the Defendant’s legal act 1) B are real estate listed in the attached Form (hereinafter “instant apartment”) on September 29, 2017.

2) The sales contract to sell the goods to the Defendant, the birth of which is the birth of the Defendant (hereinafter “instant sales contract”).

(2) On September 29, 2017, the Defendant cancelled the registration of creation of a neighboring mortgage (debtor B, the maximum debt amount of 133,100,000 won, and the bank of Korea Co., Ltd.) established on the instant apartment on the same day. On the same day, the Defendant completed the registration of creation of a neighboring apartment (debtor A, the maximum debt amount of 168,000,000 won, the National Bank of Korea Co., Ltd.) on the same day.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination:

A. According to the above facts, the Plaintiff’s loan claim against B constitutes the preserved claim against the obligee’s obligee’s right of revocation. 2) In full view of the overall purport of the pleadings in the reply to fact-finding regarding the Incheon Southern-gu Office and the Court Administration, the apartment of this case can be acknowledged as the only real estate owned by B at the time of the instant sales contract.

The apartment house in this case owned by B, which had been liable for the loan to the plaintiff, is the birth of the defendant.

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