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(영문) 광주지방법원 목포지원 2018.08.08 2017가단5592
소유권이전등록 말소등록
Text

1. The transfer contract concluded on August 10, 201 between the Defendant and B on the motor vehicles listed in the separate sheet is KRW 35,181,191.

Reasons

1. Facts of recognition;

A. On August 4, 2016, the Plaintiff loaned a loan of KRW 35 million at the rate of 60, 4.9% per annum, 20% per annum within one month in arrears, more than one month but not more than two months, 22% per annum within two months, and more than two months and 24% per annum.

(hereinafter “instant loans”). (b)

B, after completing new registration on August 4, 2016 with respect to automobiles listed in the separate sheet (hereinafter “instant automobiles”), the transfer of ownership was completed on August 10, 2016 with respect to the Defendant who was a legal wife at the time of transfer.

(hereinafter referred to as the “instant transfer contract”) which is the cause of the above transfer of ownership.

After September 12, 2017, the defendant sold the instant vehicle to a third party and completed the ownership transfer registration. D.

On the other hand, B did not own any property other than the instant vehicle at the time of the instant transfer contract, and B had the ownership transfer registration was completed in the name of E in the name of E, since May 18, 1934, with respect to the area of 8339 square meters in the name of Jeonnam-gun C (Seoul Metropolitan City D) on which local tax was imposed on B.

From February 2017, this case’s loan was not paid and lost the benefit of time.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, 7 through 10, 13, Eul evidence Nos. 13, and the result of the response to the order of submission of tax information by the Navy, the purport of the whole pleadings

2. Determination

A. According to the above recognition of preserved claims, the Plaintiff’s loan claims against B arising before entering into the instant transfer contract, and thus, is subject to the revocation of fraudulent act.

B. According to the above facts, the establishment of a fraudulent act and the intention of deception (1) that B entered into the transfer contract of this case with the defendant and completed the transfer registration of ownership with respect to the motor vehicle of this case constitutes a fraudulent act as an act of reducing the creditors' joint security, including the plaintiff, and the defendant, who is the beneficiary, is also recognized.

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