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(영문) 서울중앙지방법원 2015.11.24 2014가단206547
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On June 28, 2012, E-In Savings Bank Co., Ltd. (hereinafter “E-In Savings Bank”) entered into a loan transaction agreement with B, setting the loan amount of KRW 19 million, interest rate of KRW 34.9%, and period of 60 months (hereinafter “instant loan agreement”). Around that time, B lent KRW 19 million to B.

After that, B lost the benefit of time by delaying the repayment of the instant loan.

B. On June 19, 2014, Ep Savings Bank transferred the Plaintiff the instant loan balance of KRW 18,702,080 (the amount as of April 30, 2014) and the interest claim, and the Plaintiff, who was delegated with the authority to notify the assignment of claims by Ep Savings Bank, notified the Plaintiff of the said assignment of claims to B on July 4, 2014, and the said notification was issued to B around that time.

C. As of September 26, 2014, the instant loan claims amounting to KRW 31,560,439 in total, including the principal amount of KRW 19,702,080, and KRW 11,088,015, overdue interest of KRW 1,770,344, etc.

On the other hand, around June 18, 2012, B and the Defendant agreed to allow the Defendant to complete the registration of transfer of ownership (hereinafter “instant real estate”) on the real estate listed in the separate sheet in B’s name (hereinafter “instant gift agreement”). On June 19, 2012, B completed the registration of transfer of ownership based on the instant gift in the future of the Defendant.

On the other hand, on October 4, 2012, the parties B and the defendant shared consultations.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. In principle, it is required that a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, it is highly probable that there has already existed any legal relationship that serves as the basis for the establishment of a claim at the time of such fraudulent act, and that a claim should be established by based on such legal relationship in the near future.

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