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(영문) 광주지방법원순천지원 2020.04.28 2018가단7973 (1)
사해행위취소로인한가액배상금청구
Text

1. The sales contract concluded between the defendant and C as of April 2, 2014 with regard to each real estate listed in the separate sheet is 12,396.

Reasons

Facts of recognition

On October 29, 2013, the Plaintiff lent KRW 10 million to C on the condition that it would be repaid until July 30, 2014.

around December 7, 2017, the Plaintiff sought a payment of the loan as stated in the above paragraph (a) from the Gwangju District Court’s office to the Gwangju District Court [the Plaintiff applied for a payment order, but subsequently proceeded with the litigation procedure (2017 Ghana85); hereinafter referred to as “loan lawsuit”), and reached a judicial compromise with C on December 7, 2017, which includes the following:

However, on April 18, 2018, C did not pay to the Plaintiff the principal amounting to KRW 500,000.

C shall be paid KRW 10,00,000 to the Plaintiff, and shall be paid in twenty installments each month from February 20 to February 20, 2018. If the amount in arrears is twice due to the failure of the above installment payment, C shall lose the benefit of the time and immediately pay the unpaid amount in full, and shall pay the unpaid amount in addition to delay damages calculated at the rate of 15% per annum from the day following the day of loss of the due interest to the day of full payment.

On the other hand, C completed the registration of transfer of ownership as of October 10, 2008, on the grounds of sale as of October 2, 2008 with respect to each real estate listed in the Disposition No. 1 (hereinafter “instant real estate”). On May 2, 2014, C completed the registration of transfer of ownership on the ground of sale as of April 2, 2014 (hereinafter “instant sale”).

Before selling each of the instant real estate to the Defendant, the right to collateral security (hereinafter “mortgage 1”) was established with “debtor” and “creditors” as “the maximum amount of claims KRW 50 million. However, the Defendant purchased each of the instant real estate and the instant real estate, as seen above, became confused due to the conclusion of the registration of ownership transfer.

After that, the Defendant’s “debtor” is the Defendant and “creditor” as to each of the instant real estate on the same day.

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