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(영문) 서울중앙지방법원 2017.04.14 2016가단5178344
사해행위취소
Text

1. The sales contract concluded on December 12, 2014 with respect to the real estate stated in the separate sheet between the Defendant and B is KRW 29,017,752.

Reasons

1. Basic facts

A. On May 14, 2015, the Plaintiff received credit card payment claim against B from ELN limited liability companies. As of July 27, 2016, the Plaintiff’s interest and interest on the Plaintiff’s credit against B is KRW 27,119,483 (principal KRW 15,650,971, annual interest and interest rate of delay damages).

B. B was residing in the lease deposit amounting to KRW 2,212,00,000 per month, and KRW 236,200 per month, in real estate listed in the attached list (hereinafter “the apartment of this case”) which is a rental house from the non-permanent house for the dispute resolution (hereinafter “non-permanent house”). However, the apartment of this case was subject to conversion for sale in lots.

The defendant would bear the expenses incurred in selling the apartment of this case in the name of B, but concluded a sales contract after selling it in the name of B, and agreed to complete the registration of ownership transfer in the future of the defendant

Accordingly, on December 2, 2014, the Defendant made a sales contract by setting the sales amount of KRW 16,304,60,00 for the total amount of interest and interest that he/she received from a consumer financial loan as security, and on December 12, 2014, the Defendant paid for the remainder of KRW 50,354,00 for sale in lots to the non-permanent house (However, the remainder was transferred to the non-permanent house under the name of B) and the apartment of this case as KRW 100,00 (hereinafter “instant sales contract”).

As a result, on January 2, 2015, the registration of ownership transfer for the apartment of this case was completed on December 10, 2014, and on the same day, the registration of ownership transfer for the apartment of this case was completed on December 12, 2014.

C. B did not have any active property other than the instant apartment at the time of the instant sales contract, and there is no financial capability until now.

In the apartment of this case, the right to collateral security was established in the name of a national bank, a corporation with the debtor's house, and the maximum debt amount of KRW 23.4 million.

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