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(영문) 부산지방법원서부지원 2019.02.12 2018가단100302
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “E”) entered into a loan agreement with the Plaintiffs as indicated below, and received each of the loans, and E did not pay the remainder of the principal and interest to the Plaintiff Union until May 16, 2016. The Plaintiff Association did not pay the interest amounting to KRW 9,22,822 as of August 8, 2016.

The interest rate for delay on the loan starting date (in addition to the interest rate on arrears below the loan interest rate), the amount of 9% per annum 2.9 billion won on June 16, 2015, the amount of 8.3% per annum on June 16, 2015, the amount of 9% per annum 2.9% per annum on June 16, 2015, the amount of 10% per annum exceeding 30 days per annum 30,000,000 in arrears, the amount of 11% per annum exceeding 90,000,000 won per annum 4.5 million won per annum on September 24, 2015, the amount of 8% per annum 30,000 in arrears, the amount of 9% per annum 30,000 more than 30 days per annum, and the amount exceeding 90,000 days per delay.

B. E agreed to sell to the Defendant, as a payment in kind, the real estate indicated in the separate sheet (hereinafter “instant real estate”) as a payment in kind on or before the end of the month 2016.

(hereinafter “instant sales contract”). C.

On May 2, 2016, the Defendant filed an application with the Changwon District Court for provisional disposition prohibiting the disposal of real estate, the right to claim the ownership transfer registration under the agreement on payment in kind, as preserved right (2016Kadan15034), and received a decision to accept the above application for provisional disposition from the above court on May 2, 2016, and accordingly, on May 4, 2016, the provisional disposition registration was completed by the Changwon District Court Kim Jong Sea registry Office No. 40290.

[Ground for Recognition: Unsatisfy, Gap evidence 1 through 5 (including those with a satisfy number), the purport of the whole pleadings]

2. The Plaintiffs asserted that the instant sales contract was a fraudulent act, thereby seeking revocation of the said contract.

A lawsuit for revocation by a creditor shall be brought within one year from the date on which the creditor becomes aware of the cause for revocation, and within five years from the date of the juristic act.

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