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(영문) 서울중앙지방법원 2017.10.26 2017가단24487
사해행위취소 등
Text

1. The sales contract concluded on January 5, 2016 with the Defendant on January 5, 2016 with respect to one-half of the apartment units listed in the attached list.

Reasons

1. Facts of recognition;

A. D was used with a credit card issued by the Plaintiff, and the credit card price was KRW 34,896,925 around January 15, 2016, and was overdue from February 5, 2016, and became KRW 43,717,202 on February 10, 2017.

B. On November 18, 2014, 1/2 shares of the apartment as indicated in the order (hereinafter “instant apartment”) were registered for the transfer of ownership in the name of D, and 1/2 shares were registered in the name of E (D).

(2) On January 5, 2016, D entered into a contract to sell D shares of KRW 280,000,000 (hereinafter “instant sales contract”) with the Defendant, one’s own wife, and on January 15, 2016, D transferred ownership registration under the Defendant’s name.

(hereinafter “Registration of transfer of ownership of this case”). On December 15, 2016, with respect to one-half shares in Defendant’s name, the registration of transfer of ownership of shares was made in F’s name.

C. As to the apartment of this case on November 18, 2014, each of the maximum debt amount of KRW 204,000,000 with the debtor D and the maximum debt amount of KRW 156,00,000 with the debtor E was registered as the creation of a mortgage.

On January 15, 2016, the registration of the ownership transfer in the name of the Defendant was cancelled, and each of the above registration of the establishment was established over the maximum debt amount of KRW 196,80,000 with respect to the debtor E and KRW 196,80,000 with respect to the maximum debt amount of KRW 196,80,000 with respect to the debtor.

In addition to D shares, D’s active property, in addition to the shares, is KRW 1/75 shares in 2,10,872 (the officially announced land price of January 1, 2016) and KRW 8,03,000,000 (the officially announced land price of January 1, 2016, KRW 31,300,000,000, in total, KRW 1/14 shares in H forest of 32,132 square meters in Seo-gu, Seowon-gu, Seowon-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do (the officially announced land price of January 1, 2016, KRW 3,50,00,000). As to such real property, the provisional attachment registration of claims by the I Fund was completed on April 22, 2016.

(No dispute over the Seoul Central District Court 2016Kadan80351. [Evidence Evidence], Gap1 through 8, Eul 3, 5, the purport of the whole pleadings.

2. Determination

A. The exclusion period is that the Plaintiff issued a payment order against D on March 9, 2016.

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