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(영문) 수원지방법원 2016.03.31 2015가단38688
사해행위취소
Text

1. The sales contract concluded on December 5, 2014 between the Defendant and B with respect to the real estate listed in the separate sheet is KRW 11,059,38.

Reasons

1. Facts of recognition;

A. On November 27, 2012, the Plaintiff rendered a loan (hereinafter “instant loan”) by setting the interest rate of KRW 30,000,000 per annum 19.9% per annum, the loan period of 36 months, and the repayment method as equal repayment of principal and interest (hereinafter “instant loan”).

B From March 16, 2015, due to the delinquency in paying the principal and interest of the loan, the interest of the loan was lost, and the balance of the principal and interest of the loan is KRW 11,059,38.

B. Meanwhile, on December 5, 2014, B entered into a sales contract with the Defendant for the purchase price of KRW 330,000,000 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with which he/she had only his/her own property (hereinafter “instant sales contract”), and completed the registration of ownership transfer based on the instant sale under the Defendant’s name on January 12, 2015.

C. At the time of the conclusion of the instant sales contract, B was in excess of the loan obligation of at least KRW 700 million and the obligation of deposit.

[Reasons for Recognition] Unsatisfy, Gap 1 to 4, 6, and 8, each entry, and the purport of the whole pleadings

2. The occurrence of the right to revoke the fraudulent act;

A. The act of selling real estate, which is the sole property of the debtor for the establishment of a fraudulent act, and replacing real estate with money which is readily consumed constitutes a fraudulent act with knowledge that it would prejudice the creditor unless there are special circumstances.

B, inasmuch as the instant real estate, which is the only property of the Defendant, was sold in excess of the debt, the instant sales contract was a fraudulent act detrimental to the general creditor of B, barring any special circumstance, and B was aware that it would thereby prejudice the creditor, and further, the Defendant’s bad faith as the beneficiary is presumed.

B. Although the loan of this case occurred on November 27, 2012 on the Defendant’s assertion, the Plaintiff’s new principal and interest accrued from March 16, 2015 when the loan was overdue, the instant sales contract is prior to the occurrence of the secured claim for the fraudulent act.

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