(영문) 광주지방법원 2020.11.27 2020가단501776

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(영문) 광주지방법원 2020.11.27 2020가단501776

사해행위취소

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A sales contract was concluded on August 27, 2018 between the defendant and C with respect to the real estate listed in the attached list.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C (hereinafter “C”) had the credit sales claim of KRW 48,013,500 as of the end of 2017 with respect to the Plaintiff Company C (hereinafter “C”), but C repaid KRW 5,00,000 to the Plaintiff on November 1, 2018.

Accordingly, the Plaintiff filed an application with the Gwangju District Court for a payment order with the Gwangju District Court No. 2019 tea36000, and the said court rendered a payment order on July 12, 2019, stating that “C shall pay KRW 43,013,500 to the Plaintiff and its delay damages.”

The decision of the above payment order was finalized around that time.

B. The disposal of real estate C owned the real estate listed in the separate sheet (hereinafter “instant real estate”). On August 27, 2018, the Defendant entered into a sales contract with the Defendant for the instant real estate (hereinafter “instant sales contract”) and accordingly, on September 7, 2018, the Defendant completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) under Article 157253 of the receipt of the registry of the Gwangju District Court on September 7, 2018.

C. At the time of the instant sales contract, C had positive property of KRW 247,00,00 at the time of the instant sales contract: (i) the instant real property of KRW 247,00,00 at the market price; (ii) the Gwangju Mine Building E-gu at the market price of KRW 60,00,000; and (iii) the market price of KRW 155,000,000 each; (iv) the F building G and H were holding a small property of KRW 1,200,000 for the I Association; (ii) the obligation to KJ for the I Association; (iii) the obligation to KJ at KRW 204,070,896; and (iv) the obligation to L Bank at KRW 346,50,000 for the K Bank; and (v) the property (total amount of KRW 800,570,000 for the 60,000 for the 600,000.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 5, 8, 9, Eul's evidence 4 to 7, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s credit account receivables against C are established prior to the date of conclusion of the instant sales contract.

유사 판례

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-대구지방법원 2019.01.10 2017가단131414

-서울남부지방법원 2016.09.29 2014가합12332

-수원지방법원성남지원 2019.04.02 2018가합408769