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(영문) 서울중앙지방법원 2018.10.25 2017가합581062
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion C sold the land located in Nam-gu Incheon Metropolitan City E and co-ownership shares of building located in the sole property under the loan obligation of KRW 160 million against the Plaintiff and completed the registration of ownership transfer in the future of the Defendant. However, inasmuch as the registration of creation of a new collateral was cancelled and the new establishment of a new collateral is established, the above sales contract shall be revoked as a fraudulent act within the scope of KRW 196,874,316 (the principal and interest of the Plaintiff’s loan obligation against C), and the Defendant shall pay the Plaintiff a compensation for the value of KRW 196,874,316 and delay damages.

2. Determination

(a) According to Gap's evidence Nos. 4, 5, and Eul evidence Nos. 2 and 4 through 14 (including each number), on August 3, 2017, "C" shall be reduced to the plaintiff KRW 160,000 [10,000 won = 50,000 won (loan of December 3, 2014), KRW 10,000 (Loan of September 16, 2014), KRW 10,000 (Loan of August 20, 2015), and KRW 20,000,000,000 [20,000,000,000,000,000 KRW 20,000,000,000,000,000 KRW 160,000,000,000,000) and KRW 2616,06,000,000,00.

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