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(영문) 전주지방법원군산지원 2017.08.08 2017가단50704
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On July 25, 2015, the Plaintiff leased KRW 100,000,00 to C with interest rate of KRW 24% per annum, and July 25, 2018 due date. On the same day, a notary public was drafted by the same law office No. 810 in 2016.

C owned the instant real estate, but on January 12, 2017, sold the instant real estate to the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer for the instant real estate to C on the same day.

After completing the registration of ownership transfer on the instant real estate on January 13, 2017, the Defendant cancelled the registration of creation of a collateral security (hereinafter “prior collateral security”) in the name of the Gunsan Credit Union, which was established on the instant real estate, with the maximum debt amount of KRW 170,00,000, and the debtor C.

C At the time of selling the instant real estate to the Defendant, the instant real estate was the only real estate C.

[Ground of recognition] In the absence of dispute, Gap evidence No. 1, Gap evidence No. 2-1, and Eul evidence No. 2-2, and the fact-finding conducted by this court about the fact-finding of the city of Kunsan, since the plaintiff's sale of the real estate of this case, which is the only real estate C, which is the plaintiff's assertion as to the whole purport of the argument, is fraudulent, the contract of this case is revoked, and the contract of this case is sought to pay KRW 67,351,

In fact, the defendant is the spouse of the omission of C.

The Defendant paid C KRW 10,00,000 on April 28, 2009, KRW 5,000,000 on May 11, 2009, KRW 10,000,000 on May 20, 2009, KRW 5,000,000 on January 25, 2010, KRW 6,000,000 on May 25, 201, and KRW 4,000,00 on August 4, 201, and KRW 20,000 on June 15, 201, and KRW 10,000 on January 24, 2013, KRW 700 on the aggregate.

On August 12, 2016, the defendant asserted that he lent the above money to C, and seized the real estate in this case.

The defendant is against C.

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