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(영문) 서울중앙지방법원 2019.12.16 2018가단5080304
사해행위취소
Text

1. Defendant B’s interest rate of KRW 12,492,545 and KRW 8,220,40 among the Plaintiff shall be from April 17, 2018 to the date of full payment.

Reasons

1. Basic facts

A. On November 18, 2013, D Co., Ltd. (former change to D Co., Ltd.) loaned KRW 20,000,000 to Defendant B with a loan period of KRW 48 months, agreed rate of 27.5%, and overdue interest rate of KRW 35.9% (hereinafter “instant claim”).

B. D Co., Ltd. transferred each of the instant claims to E Co., Ltd. on March 19, 2015, while E Co., Ltd. transferred each of the instant claims to the Plaintiff on December 1, 2017.

D Co., Ltd. notified each of the assignment of claims to Defendant B by content-certified mail on May 6, 2015, and E Co., Ltd. on December 27, 2017.

C. The amount of the instant claim as of April 16, 2018 is KRW 12,492,545 (principal KRW 8,220,406). D.

The Defendants asserted that the instant real estate is not the only property of Defendant B, the sole property of which was indicated in the separate sheet (hereinafter “instant real estate”) and that the instant real estate is not the only property of Defendant B, and there was no other submission of the details of the instant real estate holding.

On March 3, 2016, Defendant C, the wife, completed the registration of transfer of ownership on the ground of donation on March 3, 2016, and Defendant C, on November 27, 2017, completed the registration of transfer of ownership on the ground of sale on November 27, 2017 in F’s name.

E. Meanwhile, each of the instant real estates was established by Defendant B with the debtor as the mortgagee of the instant real estate, with the maximum debt amount of KRW 162,50,000,000, but the said right to collateral was entirely cancelled after Defendant C acquired the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including each number), the fact inquiry reply to the Court Administration, the purport of the whole pleadings

2. Defendant C asserts that the instant lawsuit was unlawful as it was brought on April 17, 2018, when one year has elapsed since Defendant C acquired ownership of the instant real estate from Defendant C, and that the limitation period has expired.

As seen earlier, the Plaintiff goes against and around December 1, 2017.

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