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Reasons
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(영문) 울산지방법원 2014.05.22 2013가합7567
사해행위취소
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1. The sales contract concluded on December 2, 201 between the defendant and the non-party C on the real estate stated in the separate sheet is 110,00.

Reasons

1. Basic facts

A. On November 28, 2008, the Plaintiff and C drafted a money loan agreement No. 2567 of 2008 (No. 2567 of 2008, hereinafter “notarial deed of this case”) with the purport that C shall repay one billion won to the Plaintiff by December 10, 2008.

B. On December 2, 2011, C entered into a sales contract with the Defendant to sell real estate listed in the separate sheet owned by C (hereinafter “instant real estate”) at KRW 220 million (hereinafter “instant sales contract”).

C. The Defendant completed the registration of ownership transfer based on the instant sales contract as the Ulsan District Court No. 13174, Dec. 30, 201, which received on December 30, 201 with respect to the instant real estate.

C At the time of the instant purchase and sale contract, the instant real estate [the market price of KRW 55 million (= the market price of KRW 235 million - the maximum debt amount of KRW 180 million - the maximum debt amount of KRW 100,000 in the name of the Ulsan-gu Agricultural Cooperative in Ulsan-gu] and the 1102 on the 11st floor of the building on the ground, Nam-gu, Ulsan-gu, and the 11.02 [the market price of KRW 0,53,00,000 - the maximum debt amount of KRW 93,60,000,000 in the name of the Gangnam-gu Saemaul Community Depository - the maximum debt amount of KRW 65,50,000,000 in the name of the F] and the first floor on the 1,03,00,000,000 won in the name of the maximum debt amount of KRW 665,50,000,00].

[Ground of recognition] The evidence Nos. 1 through 9 (including each number), the appraisal result by the appraiser J, the purport of the whole pleadings

2. Revocation of fraudulent act;

A. Since the existence of the preserved claim C entered into the instant sales contract under the condition that the Plaintiff bears the obligation of KRW 1 billion against the Plaintiff, the Plaintiff’s claim becomes the preserved claim of the obligee’s right of revocation.

For this reason,

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