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(영문) 서울중앙지방법원 2017.02.15 2016가단33019
사해행위취소 등
Text

1. Attached Table 1. The sales contract concluded on August 14, 2015 between the Defendant and B is KRW 37,952,952.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) entered into a credit transaction agreement with B on June 17, 2015 with the Plaintiff to lend KRW 30 million to B, until May 18, 2017 with the due date, until May 18, 2017, the amount of principal and interest equal repayment, interest rate of 29% per annum, delay damages, and 34% per annum (hereinafter “instant credit transaction agreement”).

(2) B paid KRW 3,092,731 in total with interest and principal by September 18, 2015, and did not pay the agreed interest, thereby losing the benefit of time on October 19, 2015.

3) B operated a restaurant under the name of “C”, and borrowed money from the Plaintiff with the funds for operating the restaurant. B closed the said restaurant on September 14, 2015. (4) October 11, 2016, the principal and interest on the Plaintiff’s bonds against B as of October 11, 2016 is KRW 37,952,952.

B. The Defendant’s registration of ownership transfer 1) B is the real estate listed in attached Form 1. (hereinafter “instant real estate”).

(2) On March 18, 2015, Busan District Court received No. 18144 on March 18, 2015, completed the registration of ownership transfer on the ground of transaction value 196,00,000 won, and February 10, 2015, and completed the registration of ownership transfer on the ground of sale and purchase as of February 10, 2015. The registration of ownership transfer was completed on the instant real estate, which is one of the only real estate, with the maximum debt amount of 164,40,000 won, and B completed the registration of ownership transfer on the ground of sale and purchase contract (hereinafter “instant sale contract”) as of September 14, 2015.

3) The small property in B at the time of the instant sales contract is KRW 183,47,00 in total as follows. The creditor’s amount of the creditor (the first Nonghyup Bank No. 1 Nonghyup 982,002,26,907,000 3 Hyundai Savings 4,849,000 4,849,000 4,800 4,849,000 4 wellcom Savings 133,031,000 in total, 183,031,000 5 wellcom Savings Bank No. 5,000

C. Auction 1) On September 9, 2016, 2016, the instant real estate was sold at KRW 188,120,000 in a voluntary auction procedure with respect to the instant real estate commenced according to the request for auction by the Busan Bank.

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