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(영문) 대구지방법원서부지원 2016.08.11 2015가단39009
사해행위취소
Text

1. As to motor vehicles listed in the separate sheet:

A. The automobile sales contract concluded on November 13, 2014 between the Defendant and B is concluded.

Reasons

1. Indication of claim;

A. On November 21, 2012, the Plaintiff leased KRW 15 million to B, 36 months of the loan period, and 3.9% of the loan interest rate.

B. However, from September 20, 2014, B lost the benefit of time by delaying the repayment of principal and interest, and the Plaintiff, as of October 19, 2015, had a claim for the principal and interest on loans of KRW 7,644,548.

C. B On November 13, 2014, on November 13, 2014, the Defendant, who is the spouse, sold a motor vehicle listed in the separate sheet and completed the procedure for registration of transfer of name.

Since the above sales contract between B and the defendant constitutes a fraudulent act detrimental to the plaintiff and other general creditors, it is presumed that the defendant's bad faith is presumed, it shall be revoked, and the defendant shall implement the procedure for registration of transfer of name with respect to the motor vehicles listed

E. Meanwhile, on May 20, 2016, the Plaintiff transferred the above loan claim against B to the Intervenor succeeding to the Plaintiff, and notified the transfer at that time.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

3. The dismissal portion is that the Plaintiff transferred the loan claims against the Plaintiff’s Intervenor B to the Plaintiff’s Intervenor, and there is no preserved claim against the fraudulent act lawsuit against the Plaintiff, thereby dismissing the Plaintiff’s claim.

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