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(영문) 부산지방법원 2016.01.08 2015가단72350
사해행위취소
Text

1 With respect to real estate listed in the Schedule:

A. The sales contract concluded on June 19, 2012 between Nonparty B and the Defendant was 13.

Reasons

1. Indication of claim;

A. Nonparty B bears the Plaintiff’s obligation to pay “the amount calculated by the rate of 25% per annum from June 4, 2011 to the date of full payment” with respect to KRW 8,241,593 and its KRW 4,963,869 based on the final judgment of the case, including the Seoul Central District Court 201Gada171357, etc.

B. However, on June 19, 2012, B sold the real estate listed in the separate sheet (hereinafter “instant real estate”) that is the only property for the Defendant, and “the instant sales contract” is called “the instant sales contract.”

(C) The registration of ownership transfer was completed. Accordingly, the instant sales contract constitutes a fraudulent act detrimental to general creditors including the Plaintiff, and the Defendant’s bad faith, which is the debtor B and the beneficiary. D. Meanwhile, at the time of the instant sales contract, the registration of the establishment of a neighboring mortgage, which is the debtor, the creditor, the creditor corporation, and the creditor corporation, was cancelled on July 4, 2012, which was following the instant sales contract. E. Therefore, the instant sales contract was revoked on the following grounds: (a) the Plaintiff’s total amount of preserved claims amounting to KRW 13,953,442 [=8,241,593 KRW 5,71,849 KRW 4,869 x 25 x 25 x 25 x 25 x 25 x 25 165 x 25 365 / 25 ,000 won (hereinafter “the Plaintiff”).

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