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(영문) 서울중앙지방법원 2015.12.15 2015가단45787
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Summary of the parties’ assertion

A. Plaintiff’s summary of the Plaintiff’s assertion - Revocation of fraudulent act and claim for compensation for value) around February 2013, the Plaintiff filed a lawsuit against Nonparty B for recourse amounting to KRW 8,157,808, and KRW 8,000,000, around March 26, 2013, the Plaintiff received a decision of performance recommendation with the purport that “B shall pay to the Plaintiff 15% per annum from January 13, 2013 to the date of delivery of a duplicate of the complaint, and 20% per annum from the next day to the date of full payment,” and the said decision became final and conclusive on April 12, 2013 (the Plaintiff’s claim against Nonparty B based on the decision of performance recommendation as above “instant Claim 1”).

(2) In addition, the Plaintiff concluded a credit insurance contract with the insured Seogju Agricultural Co., Ltd., the insurance coverage amounting to KRW 24,650,00, and the insurance coverage period from March 25, 2011 to February 25, 2025 in order to guarantee the repayment of the loan that the Plaintiff borrowed from the Seocho Agricultural Co., Ltd. (hereinafter “Songju Agricultural Co., Ltd.”), and the Plaintiff paid KRW 20,547,723 to the Seogju Agricultural Co., Ltd. on December 6, 2012, the Plaintiff acquired a claim for indemnity amount equivalent to the above amount (hereinafter “instant claim 2”).

3) The sum of principal and interest of the instant Claim 1 and Claim 2 is KRW 35,183,470. 4) However, although the instant Claim 1 and Claim 2 did not have any other property except for the real estate listed in the separate sheet (hereinafter “instant real estate”), B concluded a pre-sale agreement with the Defendant on July 20, 2012 (hereinafter “instant pre-sale agreement”) with regard to the instant real estate and completed the registration of ownership transfer based on the pre-sale agreement (hereinafter “instant provisional registration”) and completed the registration of ownership transfer based on the pre-sale agreement on November 15, 2012 (hereinafter “instant provisional registration”).

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