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(영문) 울산지방법원 2018.08.23 2017나25758
사해행위취소
Text

1. Revocation of the first instance judgment.

2. As to the real estate stated in the separate sheet between the Defendant and B, February 18, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) B against the Plaintiff was granted a loan of KRW 25,00,000 from the Ulsan Preliminary Credit Union on September 16, 200, but did not repay the loan, thereby losing the benefit of time. As of September 23, 2013, the principal and interest of the credit held by the said union against B is the total amount of KRW 19,334,843 (i.e., principal and interest of KRW 12,418,121 (i.e., principal and interest of KRW 6,916,722). (ii) The loan claims against B of the Ulsan Pulsung Credit Union were transferred to the Plaintiff on September 23, 2013 through CSP Asset Management Loan Co., Ltd. and the Dong asset Management Loan Co., Ltd., Ltd., and the notification was delivered to B at that time.

B. B B is the real estate listed in the separate sheet on December 4, 2013 (hereinafter “instant real estate”).

(2) At the time of completing the registration of ownership transfer as to the instant real estate, the registration of ownership transfer claim as to the instant real estate was completed on the ground of the registration of establishment of a mortgage over the maximum debt amount of 260,000,000 won, the registration of establishment of a right to lease on a deposit basis in the future C, and the registration of establishment of a right to lease on a deposit basis of 20,000,000 won in the D future. (2) B completed the registration of ownership transfer claim as to the instant real estate on March 18, 2014, the registration of ownership transfer claim as to the Defendant on the ground of a pre-sale on February 18, 2014 (hereinafter “instant pre-sale”), and the principal registration based on the said provisional registration was completed on November 13, 2014 to the Defendant on November 13, 2014 (hereinafter “instant sales contract”).

C. B’s property condition B did not have any property other than the instant real property at the time of entering into the instant sales promise and the instant sales contract with the Defendant.

【In the absence of dispute, there is no ground for recognition, Gap evidence 1, 2, and 3 (including a branch number; hereinafter the same shall apply), Eul evidence 1, and the inquiry and reply to the court administration of the first instance, each of the results of the inquiry and reply to the court administration of the first instance, the new bank of the first instance, the National Bank of Korea, the Han Bank, the Han Bank, and the Nonghyup Bank.

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