(영문) 서울중앙지방법원 2015.06.12 2014가단5085950

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(영문) 서울중앙지방법원 2015.06.12 2014가단5085950

사해행위취소

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1. The Defendant’s KRW 156,00,000 as well as 5% per annum from May 9, 2015 to June 12, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 25, 2011, the bankrupt debtor A (hereinafter “debtor”) filed an application for immunity from bankruptcy and immunity with the court No. 2011Hadan11304, 2011, and 11304. This court declared bankruptcy against the debtor on April 23, 201, and appointed the Plaintiff as the bankruptcy trustee of the debtor on the same day.

B. The debtor and the defendant, who is the debtor, bear the purchase fund of No. 403 of the fourth floor mobile to Dobong-gu Seoul Metropolitan Government D (hereinafter "the housing of this case"), agreed to the debtor's name to transfer the purchase price of KRW 55 million to the debtor. The debtor completed the registration of ownership transfer under the debtor's name as the Seoul Northern District Court's Dobong-gu District Court's Dobong-gu registration office on April 25, 2003 as to the housing of this case as the beneficiary No. 34451.

After that, on September 3, 2009, the debtor sold the instant house in KRW 170 million at the request of the defendant, and paid KRW 50 million to the defendant who received the intermediate payment on October 8, 2009.

C. Meanwhile, on May 20, 2008, the Defendant, other than the instant apartment, sold the apartment in the name of the debtor on May 20, 2008, and paid the total sum of KRW 171,550,000 in the down payment, intermediate payment, and remainder, and completed the registration of ownership transfer in the name of the debtor.

The obligor completed the registration of ownership transfer on the ground of sale on June 4, 2010 as the receipt No. 52816, which was received on June 16, 2010, to the Defendant with respect to the apartment of this case.

After completing the registration of ownership transfer on the apartment of this case, the Defendant fully repaid the collateral security debt of KRW 30 million established on the apartment of this case, and cancelled the registration of creation of collateral security (right to collateral security) on November 1, 2012, the maximum debt amount of KRW 36 million, and the registration of creation of collateral security (right to collateral security) as our bank Co.

At the time of the apartment of this case, the market price is 186 million won or more.

(e) the debtor commences a marriage life with the monthly rent around September 1996, without any particular property.

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