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(영문) 수원지방법원 2018.01.10 2017가단23222
사해행위취소
Text

1. The sales contract concluded on September 17, 2015 between the Defendant and C with respect to the real estate listed in the separate sheet No. 1 attached hereto is 116,480.

Reasons

1. The following facts do not dispute the defendant's facts of recognition:

1) On August 10, 2015, the Plaintiff is the Plaintiff’s real estate indicated in the attached Table 1 list, which was the sole property between Nonparty C and Nonparty C (hereinafter “instant apartment”).

(2) As to the apartment of this case, C was bound by corporate purchase card fraud case, etc., and its creditors had frequent access to the apartment of this case, the Plaintiff was forced to leave the apartment of this case from September to October, 2015. Accordingly, the instant lease contract was terminated.

3) However, as C did not refund the lease deposit to the Plaintiff, the Plaintiff filed a lawsuit against C on June 8, 2016 against the Seoul Central District Court 2016Kahap53080, and in the above case, C paid to the Plaintiff KRW 350 million up to September 30, 2016, and upon the lapse of the above payment date, C is not obliged to pay the said money to the Plaintiff at least 15% per annum from October 1, 2016 to the date of full payment. (b) Although the decision in lieu of C’s fraudulent act and intent to commit fraud has become final and conclusive, C did not pay the said money to the Plaintiff, other than the apartment of this case, and as above, C did not have any other property except for the apartment of this case, as well as the obligation to refund the lease deposit amount of KRW 350 million to the Plaintiff as well as the obligation to the Korea Technology Finance Corporation, etc., with respect to the purchase price of the apartment of this case as the only purchase price of Defendant 200 million.

B. On September 22, 2015, the registration of ownership transfer was completed in the defendant's future with respect to the apartment of this case.

C. On the other hand, on May 28, 2015, C completed the registration of creation of a collateral security right to the apartment of the instant apartment, with the amount of KRW 31,400,000,000, the Korean bank and the maximum debt amount.

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