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(영문) 수원지방법원 2015.04.10 2014가합65321
사해행위취소
Text

1. As to Defendant B’s KRW 480,00,000 among the Plaintiff and KRW 300,000,000 among the Plaintiff, Defendant B shall be from May 15, 2010 to July 18, 2014.

Reasons

1. Basic facts

A. The Plaintiff’s claim against Defendant B was in monetary transactions with Defendant B from October 2009, and was issued with each of the following certificates: (a) the Plaintiff borrowed KRW 300,000,000 from Defendant B for the settlement of accounts; and (b) the Plaintiff paid interest of KRW 18% per annum on the 15th day of each month; and (c) the Plaintiff borrowed KRW 180,000,000 as of April 30, 2013 as of January 25, 2010; and (d) paid interest of KRW 15% per annum on the last day of each month.

B. Defendant B’s act of disposing of the property (1) on July 30, 2009, Defendant B completed the registration of the right to claim the transfer of ownership on the ground of the pre-sale agreement as of July 30, 2010 on each of the real estate listed in the separate sheet (hereinafter “instant real estate”), which was owned by Defendant B, on July 30, 2010 (the time of pre-sale agreement as of July 29, 2015).

(2) On July 20, 2011, Defendant B completed the registration of ownership transfer in the name of Defendant C in the form of principal registration based on the above provisional registration on the ground of sale and purchase on June 20, 2011.

[Ground for recognition] Defendant B: The fact that there is no dispute (the Defendant B submitted a written reply to the effect that the Plaintiff’s assertion was led to the statement on the date of the second pleading on December 19, 2014) Defendant C: The fact that there is no dispute, each of the entries in Gap’s Evidence Nos. 1, 2, 3, 5, 6, and 7 (which includes a serial number; hereinafter the same shall apply), and the purport of the whole pleadings.

2. As seen earlier, Defendant B borrowed KRW 480,00,000 from the Plaintiff as to the claim against Defendant B. Since the Plaintiff was the Plaintiff who received interest from the Plaintiff on the said loan up to April 2010, Defendant B is the Plaintiff who received payment of the interest from the amount of KRW 480,000,000 and KRW 300,000,00 from May 15, 2010 to July 18, 2014, it is evident that the agreement is the delivery date of a copy of the complaint of this case from May 31, 2010 to July 18, 2014. The copy of the complaint of this case from May 31, 2010 to the Plaintiff.

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