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(영문) 대전지방법원 2017.05.30 2016가단206311
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 3, 2010, the Plaintiff: (a) lent KRW 200 million to C; (b) instead, C did not repay the loan; (c) subsequently, on April 26, 2013, the Seoul Western District Court rendered a judgment that “the Defendant (C) shall pay to the Plaintiff (A) 200 million won and the amount calculated by applying the rate of 20% per annum from February 26, 2013 to the date of full payment.”

B. The Plaintiff received reimbursement of KRW 30 million from C on April 17, 2013, and appropriated the amount of KRW 80 million on December 30, 2014 to the principal and interest, thereby making up for the Plaintiff’s loan claim against C, the Plaintiff’s damages for delay calculated at the rate of KRW 152,690,41, and the rate of KRW 20% per annum from December 31, 2014, which is the day following the date of appropriation.

C. On June 4, 2012, C entered into a contract with the Defendant to sell the instant real estate in KRW 200 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer for the Defendant under the receipt of No. 8658, Jun. 12, 2012, Daejeon District Court Geumsan Branch Office of registration of the said real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. On June 4, 2012, when the Plaintiff’s assertion C bears a debt equivalent to KRW 200 million against the Plaintiff, the sales contract concluded between the Defendant and the Plaintiff on the instant real estate, which is the only responsible property between the Defendant, constitutes a fraudulent act detrimental to the Plaintiff, which constitutes a creditor, and thus, seeks to cancel the registration of transfer of ownership in future with the Defendant, as restitution.

B. Whether the instant sales contract constitutes a fraudulent act constitutes a fraudulent act against a creditor, barring any special circumstance, barring any special circumstance, the act of the debtor, who is in excess of his/her obligation, changing the sales contract of this case into money that is easily consumed

Gap evidence 1, 3 through 7, and Eul evidence 8, respectively.

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