beta
Text
1. The sales contract concluded on February 2, 2015 between the Defendant and B is KRW 62,706,93.
Reasons
1. Factual basis
A. (1) The Plaintiff entered into a loan agreement with B, C, and D on March 28, 2013 with respect to KRW 100,000,00,000 per annum, interest rate of 3.79% per annum, interest rate of 12% per annum, and interest rate of 2% per annum, and interest rate of 2% per month for 3 years after the two-year grace period, and with respect to overdue payment of principal and interest, and provided loans to B around October 7, 2013, and C and D entered into a joint and several guarantee agreement.
(2) From April 28, 2015, B, C, and D delayed payment of the said loans in installments, thereby losing the benefit of January 19, 2016. The Plaintiff paid KRW 735,091 to secure the said loans.
B. On February 2, 2015, B and the Defendant entered into a sales contract (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) without paying the purchase price as a payment for the existing debt on February 2, 2015, and on March 23, 2015, the Defendant completed the registration of ownership transfer as Busan District Court’s Northern Branch Office No. 18797.
(2) On March 27, 2015, the Defendant: (a) repaid the secured debt of KRW 84,293,007 with the secured debt of KRW 103,200,000, which was established on the instant real estate by the Korea Housing Finance Corporation; and (b) revoked the registration of establishment of the said collateral; and (c) established a collateral security in the bank of Korea on the same day.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to Gap evidence 6, Gap evidence 9-1, 2, Eul evidence 1, and the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged before the secured claim, B bears the Plaintiff’s obligation to repay loans under the loan agreement concluded on March 28, 2013, and thus, the Plaintiff is deemed to have the secured claim seeking revocation of the fraudulent act regarding the instant sales contract concluded on February 2, 2015.
B as of April 19, 2016.