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(영문) 서울남부지방법원 2017.05.17 2016가단252335
사해행위취소
Text

1. The sales contract concluded on October 28, 2015 between the Defendant and B shall be 34,975.

Reasons

1. Facts of recognition;

A. B around May 24, 2011, a loan was granted pursuant to the mid-to long-term installment financing agreement (the principal to be paid, KRW 17,000,000, interest rate of KRW 20.9%, delay damages interest rate of KRW 29%) from the KF Capital Co., Ltd. (formerly: Korea Social Co., Ltd.; hereinafter “Nonindicted Co., Ltd.”).

B. On March 21, 2016, the Plaintiff acquired the claim for the above loan from the non-party company to B, granted the right to notify the transfer, and notified the transfer to B around April 22, 2016.

(c) The acquisition amount of the instant money is KRW 22,04, 946, total of KRW 34,975,210, including principal, KRW 12,970,264, and interest, etc. as of October 20, 2016. D. Meanwhile, on the other hand, “B” on November 3, 2015, means real estate listed in the attached Table, the sole property of which is the Defendant (hereinafter “instant real estate”).

(E) On October 28, 2015, the registration of the establishment of a mortgage was completed on the ground of sale and purchase on October 28, 2015 (Receipt No. 100913). On November 3, 2015, the Defendant completed the registration of the establishment of a mortgage on the instant real estate to the Korea Slaterd Bank No. 48,00,000 (Receipt No. 100914) (Seoul Southern District Court Decision 35954, Jun. 14, 2011; 30,000,000, debtor B, and Korean Bank Co., Ltd.) on the ground of termination on November 3, 2015, the Defendant asserted that the registration of the establishment of a mortgage on the instant real estate was revoked on the basis of the entire maximum debt amount No. 35954, Nov. 5, 2015, 2005, 2005).

2. The assertion and judgment

A. The debtor's act of selling real estate, which is the only property of the debtor, and replacing it with money which is easily consumed, always constitutes a fraudulent act against the creditor, barring special circumstances.

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