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(영문) 서울동부지방법원 2018.08.23 2018가단103243
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 11, 2017, the Plaintiff filed a lawsuit against C with the Seoul Eastern District Court No. 2017 Ghana3675, and rendered a judgment that “C shall pay to the Plaintiff 6,046,917 won and 2,200,035 won with the interest of 39% per annum from January 24, 2018 to the date of complete payment,” and the said judgment became final and conclusive around that time.

B. On April 9, 207, C and D completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”). On February 29, 2008, C and C completed the registration of ownership transfer with respect to each one-half share (hereinafter “shares”) (hereinafter “instant real estate”), and C completed the registration of ownership transfer with respect to each share (hereinafter “shares”) on September 7, 2014 (hereinafter “instant fraudulent act”). On February 29, 2008, C and C completed the registration of ownership transfer with respect to each share. D completed the registration of ownership transfer with respect to each share (hereinafter “instant fraudulent act”). On July 14, 2010, C completed the registration of ownership transfer with respect to each share (hereinafter “instant fraudulent act”). On October 13, 2014, C completed the registration of ownership transfer with respect to each share (hereinafter “instant fraudulent act”).

C. Meanwhile, on the other hand, on April 9, 2007 with regard to the instant real estate, the establishment registration of a neighboring mortgage was completed with regard to ① the obligor C, the maximum debt amount of KRW 300 million, the mortgagee E, the mortgagee Co., Ltd. on May 7, 2013. (2) As to the shares, the establishment registration was completed with regard to the obligor C, the maximum debt amount of KRW 30 million, the mortgagee F, and the amount of the secured debt against the E Bank as of September 7, 2014, the secured debt amount of the E Bank is KRW 250 million, and the amount of the secured debt against the FB mortgage amount is KRW 25 million, and the value of the instant real estate at that time is KRW 450 million,500,000,2227.5 million with respect to shares.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. The Plaintiff’s assertion holds against C a claim for damages for delay calculated at the rate of 39% per annum from January 24, 2018 to the date of full payment, with respect to KRW 6,046,917 as well as KRW 2,200,035 as to KRW 6,00,000,035, and C is the only property of the instant real estate around September 7, 2014.

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