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(영문) 창원지방법원 2017.12.21 2017가단111614
사해행위취소
Text

1.(a)

The sales contract concluded on April 5, 2016 between the Defendant and B on the real estate stated in the attached list is 42,50.50.

Reasons

1. Basic facts

A. B’s debt 1) On June 25, 2015, the Plaintiff (hereinafter “TTTT”) against the Plaintiff.

B) B entered into a loan transaction agreement with a loan principal at a rate of KRW 500,00,00, and damages for delay at a rate of 12% per annum, and B guaranteed, within the limit of KRW 330,000,00,000, the repayment obligation under the loan transaction agreement of the loan transaction agreement of the relevant loan transaction agreement of the relevant loan transaction agreement of the relevant company. (ii) The loan transaction agreement between the relevant company and B lost its interest due to their failure to perform the obligation under the said loan transaction agreement, and B loses its interest due to its failure to perform the obligation under the said loan transaction agreement, as of July 28, 2017.

B. On April 5, 2016, the act of disposing real estate B sold to the Defendant the real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 320,00,000 on the purchase price, and completed the registration of ownership transfer on the same day.

(hereinafter “instant sales contract” and “the instant registration of ownership transfer”) C.

At the time of the instant sales contract and the date of closing the argument of this case, B did not possess active property except the real estate of this case, and was in excess of its obligation to the Plaintiff, such as the Plaintiff’s obligation to pay the loan.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 5, and the result of this court's order to submit financial transaction information to the Korea Credit Information Institute, the fact inquiry results about the Court Administration Office of this Court, the purport of the whole pleadings

2. Determination as to the cause of action

A. In this case, when determining the existence of a preserved claim, the obligation under the loan transaction agreement of this case where B bears against the plaintiff constitutes a preserved claim for revocation of a fraudulent act.

B. According to the facts of the establishment of fraudulent act and the recognition of pinine prior to the intention of murdering, the instant case is the only property with excess of debt B.

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