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(영문) 인천지방법원 2019.11.12 2019가단6699
사해행위취소등
Text

1. As to each real estate listed in the separate sheet

A. Trading reservation entered into on January 10, 2019 between the Defendant and D, and sales reservation entered into on January 10, 2019.

Reasons

1. Basic facts

A. On October 15, 2018, the Plaintiff: (a) lent to D the purchase price of freight truck with KRW 140 million at an interest rate of KRW 9.9% per annum; (b) the repayment of the installment of principal and interest per 60 months (payment of KRW 2,967,702 each time); and (c) the overdue interest rate of KRW 12.9% per annum.

According to the credit transaction basic terms and conditions applicable to the above lending, when the debtor delays the installment repayment on more than two consecutive occasions, the debtor shall lose the benefit of the time.

On the other hand, the Plaintiff set up a collateral on the cargo truck with the maximum debt amount of KRW 98 million in order to secure loan claims.

B. Since February 2019, D began to delay the repayment of the principal and interest of the loan to the Plaintiff.

On March 21, 2019, the cargo truck, which was the object of security, was sold by public auction and received a dividend of KRW 45,008,860.

C. On January 10, 2019, D entered into a pre-contract with the Defendant for sale and purchase of each real estate listed in the separate sheet and completed the registration of the right to claim transfer of ownership on January 24, 2019 (as for the real estate listed in attached Forms 4 and 5, January 25, 2019).

The defendant completed the principal registration based on provisional registration on January 29, 2019 with respect to each of the real estate in this case on February 22, 2019 (attached Form 4 and paragraph (5) on February 26, 2019).

[Ground for Recognition: Unsatisfy Facts, entry of Gap evidence 1 through 8, purport of whole pleadings]

2. Where a principal registration has been made on the basis of a provisional registration, unless the juristic act which is the cause of a provisional registration and the juristic act which is the cause of a principal registration are clearly different, whether the requirements for a fraudulent act are satisfied shall be determined at the time of the juristic act which is the cause of

(See Supreme Court Decision 9Da2515 delivered on April 9, 199). Meanwhile, although each of the instant real estate constitutes several disposals of property, the other party to the disposition is identical and the other party to the disposition was made for the same purpose as repayment of debts to the Defendant on the same day, and thus, it is determined as to whether it is a single act.

Supreme Court Decision 9.9.9.

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