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(영문) 서울중앙지방법원 2015.08.28 2014가합577284
사해행위취소
Text

1. On February 24, 2014, the reservation entered into on February 24, 2014 between the Defendant and B shall be revoked.

2...

Reasons

Basic Facts

On March 14, 2009, the Plaintiff’s loan B entered into an apartment supply contract with the Handoz Co., Ltd. with the purchase price of KRW 1,680,00,000 between the purchase price of KRW 507,00,00.

On April 15, 2009, the Plaintiff loaned 840,000,000 won as a house loan under the above sales contract to B on August 18, 2012, at the interest rate of 5.5% per annum, and at the interest rate of 14.5% per annum.5% per annum.

(hereinafter “instant loan”). A’s loss of benefit from the term of loan and the Plaintiff’s final and conclusive judgment were in arrears to pay interest on the instant loan, thereby losing the benefit of July 13, 2012. The instant loan balance is KRW 1,002,295,529 as of October 16, 2013 (i.e., principal amount of KRW 840,000,000 and delay damages amount of KRW 162,295,529).

On April 8, 2014, the Plaintiff filed a lawsuit seeking the payment of the instant loan against B with the Busan District Court (2013dan87389) and received a judgment in favor of the Plaintiff on April 8, 2014, and the said judgment became final and conclusive around that time.

On February 24, 2014, B completed the registration of the instant claim for transfer of ownership, and B completed the provisional registration of the right to claim transfer of ownership (hereinafter referred to as the “provisional registration of the instant claim for transfer of ownership”) against the Defendant, who is an offender, on the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) as his/her ownership on February 24, 2014, as the receipt of the promise to sell and purchase from February 24, 2014 (hereinafter referred to as “instant promise to sell and purchase”).

[Ground] The Plaintiff asserts that there was no dispute, Gap evidence Nos. 1 and 2, and the ground for a claim as to the purport of the entire pleadings, and that the existence of the preserved claim is a fraudulent act for which the registration of the instant reservation and the right to claim transfer of ownership has been made. The Plaintiff has a claim for the principal and interest of loans equivalent to KRW 1,002,295,529, around February 24, 2014, which is the date of entering into the instant reservation for sale and purchase.

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