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(영문) 울산지방법원 2015.09.25 2014가단31737
사해행위 취소에 의한 가액배상금
Text

1. The limit of KRW 26,382,432 on the gift contract of August 3, 2010 between the defendant and the non-party B on the real estate indicated in the attached Form No. 2.

Reasons

1. Basic facts

A. On September 8, 2009, the Plaintiff’s claim against Nonparty B, etc. (1) Nonparty B borrowed 16.2 million won at the rate of 18% per annum on the date of maturity from the Korea Standards Bank for Non-Party B Co., Ltd. (hereinafter “Seoul Bank”); and the overdue interest rate of 18% per annum.

(2) On January 2014, the Plaintiff acquired the above loan claims against Nonparty 1 Bank B through Nonparty 2, a mutual savings bank for asset management loans.

The above assignment of claims was notified to B, etc.

(3) On 2014, the Plaintiff filed a lawsuit against Nonparty B for payment, such as transfer money, with the Seoul Central District Court.

(4) On August 22, 2014, the above court rendered a judgment to the effect that “B shall pay to the Plaintiff 24,592,887 won and any of its 16,200,000 won at the rate of 18% per annum from April 15, 2014 to the date of full payment” and the above judgment became final and conclusive.

(hereinafter the Plaintiff’s monetary claim against B pursuant to the above judgment is the instant claim).

(1) B acquired on October 27, 2005 the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”).

(2) The registration of ownership transfer was completed on the instant real estate by the Ulsan District Court Yangsan District Court’s receipt of August 5, 2010 under the title “the donation from August 3, 2010 (hereinafter “the instant donation”)” as the title No. 39879 on August 5, 2010

(hereinafter referred to as the "registration of ownership of this case").

Around the time of the sale of this case, B was insolvent, and the real estate was the only property with collateral value, and the Defendant is the mother of B.

(1) On October 27, 2005, the registration of the establishment of a neighboring mortgage, which was the maximum amount of claims 50,400,000 won, B, and the first bank of the debtor and the mortgagee, was completed.

(2) On August 20, 2010, the registration of the instant right to collateral security was revoked immediately after the registration of the instant ownership, and the said registration was made at the time of the instant sale.

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