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(영문) 광주지방법원목포지원 2014.11.26 2014가단51037
사해행위취소
Text

1.(a)

The sales contract concluded on February 6, 2013 between Defendant A and C with regard to the real estate stated in paragraph (1) of the attached list was 32.

Reasons

1. Basic facts

A. C used a total amount of KRW 23,97,804 (i.e., KRW 281,90,900,000 in cash services of KRW 281,900 in a lump-sum payment of KRW 7,715,904 (i.e., KRW 8,000 in cash services of KRW 7,715,900) from May 29, 2013 with a credit card issued by Hyundai Card Co., Ltd. (hereinafter “Mo Card”).

On May 7, 2013, the Plaintiff received the credit card use-price claim against Hyundai Card Co., Ltd. from Hyundai Card. On May 9, 2013, the Plaintiff notified C of the credit card transfer.

B. C’s disposal disposition 1) C on February 5, 2013 to D, one’s own son, Hopo-si, 114 Dong 504 (hereinafter “E apartment”) (hereinafter “E apartment”).

(2) On February 12, 2013, C sold the registration of transfer of ownership based on the sale on February 6, 2013 (hereinafter “the First Sales Contract”) with respect to the real estate listed in Annex B (hereinafter “F apartment”) to Defendant B by its other children.

3) In addition, C on February 14, 2013, the real estate listed in attached Table 1 (hereinafter “G apartment”) to Defendant A, one’s own fraud, as indicated in attached Table 1 (hereinafter “G apartment”).

(B) As to the sales contract on February 6, 2013 (hereinafter “second sales contract”)

4) At the time of the first sale contract, the market price of F apartment was KRW 125,00,000, and the market price of G apartment was KRW 145,00,000 at the time of the second sale contract.

C. The first sale contract for the first sale is 83,370,566 won, the actual secured debt amount of the said right to collateral security is 83,370,566 won.

After the Defendant transferred the ownership of G apartment, on February 14, 2013, the Defendant completed the registration of the establishment of a mortgage over the said G apartment with the maximum debt amount of KRW 104,400,000 with respect to the said G apartment.

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