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(영문) 서울북부지방법원 2019.03.08 2018가단133486
사해행위취소
Text

1. As to KRW 17,125,212 and KRW 5,867,863 among the Plaintiff, Defendant B shall be from July 27, 2018 to the day of full payment.

Reasons

1. Claim against the defendant B

(a) A claim for the amount of the indication of a claim: (a) the amount of overdue loan claim of KRW 6 million on November 22, 2013; (b) the amount of overdue loan claim of KRW 6 million on November 22, 2013; and (c) the amount of overdue loan claim of the FF stock company (the date of membership registration: around March 4, 2005; KRW 1,868,898);

(b) Judgment on deemed confession of applicable provisions of Acts: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act;

2. The Plaintiff, who filed a claim against Defendant C, has the right to claim the acquisition of the real estate indicated in the Disposition No. 1 against the Defendant B. However, with respect to the real estate listed in the separate sheet (hereinafter “instant apartment”) on November 12, 2015 when Defendant B exceeded his/her obligation, the agreement between Defendant C and the maximum debt amount was concluded and completed the registration of the establishment of a mortgage against Defendant C on November 13, 2015. The fact that the provisional statement of distribution of KRW 41,13,140 to Defendant C, who is the mortgagee, on January 18, 2017, was made by the Korea Asset Management Corporation in the process of public sale with respect to the instant apartment, and that there was no dispute between the parties.

Thus, the mortgage contract of this case should be cancelled as a fraudulent act, and the defendant C has a duty to express his intention to transfer the right to claim the payment of the distribution amount to the defendant B, and to notify the Korea Asset Management Corporation of the transfer of the claim.

Therefore, the plaintiff's claim for this is reasonable, and it is so decided as per Disposition.

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