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(영문) 광주지방법원 2015.01.13 2014가단9972
사해행위취소
Text

1. On October 30, 2012, the real estate indicated in the separate sheet between the Defendant and Nonparty B was concluded between the Defendant and Nonparty.

Reasons

1. Basic facts

A. B obtained the Plaintiff’s credit card and used the Plaintiff’s credit card amounting to KRW 2,627,20,00 in total from September 7, 2012 to October 10, 2012 (i.e., KRW 25,000 KRW 1,00,000 KRW 300,000 KRW 300,000,000 KRW 300,000, and evidence No. 1,5, and 9, but failed to pay the credit card amount from November 5, 2012.

On December 6, 2012, the Plaintiff filed an order for payment with B under the Court No. 2012 tea18603, the Plaintiff received the payment order from the said court, stating that “B shall pay to the Plaintiff the amount of KRW 2,970,918 and the amount of KRW 2,849,400 per annum 29.9% per annum from December 7, 2012 to the date of full payment.” The said payment order was finalized around that time.

B. B, on January 23, 2006, completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On October 30, 2012, B concluded a mortgage agreement with the Defendant on the instant real estate (hereinafter “instant mortgage agreement”) and completed the registration of ownership transfer with respect to the Defendant on the same day. On the same day, B concluded the mortgage agreement with the Defendant on October 30, 2012, and completed the registration of ownership transfer with respect to the instant real estate in the third order, which

C. As of October 30, 2012, B had no special property other than the instant real estate equivalent to KRW 164,00,000,000, while the small property is as listed below.

The creditor's amount No. 1 National Bank No. 37,054,310 of 1 National Bank No. 37,054,310 of 2-mortgage No. 56,000 of 2-mortgage No. 3-mortgage No. 9,506,90 508,025 6 foreign exchange cards No. 960,7007, 126,465,318 of 126,46,318 of 2-mortgage No. 126,627,200 of preserved claims No. 126,465,318 of 2-mortgage No. 1 National Bank No. 37,054,310 of 2-mortgage No. 37,000 of 2-mortgage No. 36,8000,

2. The plaintiff alleged by the parties concerned is a fraudulent act, and thus the contract to establish the mortgage of this case must be revoked, and the registration of the establishment of the mortgage of this case shall be reinstated.

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