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(영문) 서울동부지방법원 2019.10.17 2017가단132893
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s loan claim against E entered into a loan transaction agreement with E on April 19, 2013, and loaned KRW 50 million (hereinafter “instant loan 1”). On August 26, 2014, the Plaintiff entered into a credit transaction agreement and loaned KRW 235,00,000 (hereinafter “instant loan 2”). The principal and interest balance as of July 8, 2019 as indicated below is as follows.

5,241,07,070 Won 139,926,436 of the instant loan No. 2 of the instant loan 45,241,070 Won 8,481,071 Won 15,487,319 Won 68,842,460 Won 95,241,070 Won 139,926,436,06, in aggregate of the interest accrued prior to the incorporation of the principal of the divided loan of the instant loan of the instant case, in addition to the interest accrued due to the delayed interest accrued.

B. E and Defendant B’s property division agreement, etc. 1) E shall be the real estate indicated in the separate sheet from February 25, 2002 to February 25, 2002 (hereinafter “instant real estate”).

(2) On April 22, 2016, a property division agreement was concluded between Defendant B and his wife on April 22, 2016 (hereinafter “instant division agreement”).

On May 12, 2016, Defendant B completed the registration of ownership transfer based on the instant partition agreement with Defendant B on May 12, 2016. (2) On July 4, 2016, Defendant B completed, on the instant real estate, the registration of creation of a mortgage (hereinafter “instant 1 collateral security”) consisting of KRW 210,000,000 of the maximum debt amount (hereinafter “instant 1 collateral security”) and the registration of creation of a mortgage (hereinafter “the instant 2 collateral security”) consisting of KRW 150,000,000 of the maximum debt amount.

C. At the time of the instant split-off agreement, E’s financial status at the time of the instant split-off agreement was as shown in the attached Table, and due to the instant split-off agreement, E was in excess of its obligation.

1) After the lapse of the relevant lawsuit, the Seoul East Eastern District Court 2016Kahap109503, 2017Kahap107249 (In the lawsuit for the revocation of a fraudulent act by a merged title), the above court shall hold on January 11, 2018 that the property that the Defendant B shall receive from the Defendant E shall be divided into 82,610.

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