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(영문) 서울북부지방법원 2014.04.10 2013가단102890
사해행위취소
Text

1. Defendant A shall pay to the Plaintiff KRW 7,114,812, out of the amount of KRW 14,474,061 and the amount of KRW 7,114,812 from April 3, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On June 9, 2010, Nonparty A (hereinafter “Nonindicted Bank”) loaned KRW 8 million to Defendant A at the loan rate of three years, interest rate of 43.9% per annum.

B. On November 16, 2012, Nonparty bank transferred the above loan claims against Defendant A to the Plaintiff, and notified Defendant A of the said transfer on July 5, 2013.

C. On December 30, 2010, Defendant A entered into a sales contract with Defendant B on the real estate listed in the separate sheet (hereinafter “instant real estate”) (hereinafter “instant sales contract”) and completed the registration of ownership transfer based on the instant sales contract under Defendant B’s name on the same day.

On February 23, 2011, Defendant B entered into a sales contract with Defendant C for the instant real estate, and on March 3, 201, Defendant C completed the registration of ownership transfer based on the said sale under Defendant C’s name.

E. The instant real estate was the only property of Defendant A, and the Defendant A was in excess of his/her liability even at the time of the closing of the instant argument.

[Ground of recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence 1, 2, 3, 6 of evidence 2, evidence 7-1, 2, and 8-1, 2, and 8-2 of evidence 7, the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against Defendant A, Defendant A is obligated to pay to the Plaintiff damages for delay at the rate of 43.9% per annum as agreed between the parties from April 3, 2013 to the date of full payment, as to the principal amount of KRW 14,474,061 and the above amount of KRW 7,114,812, out of the total amount of principal and interest of the above amount of the transferred money.

3. Determination as to claims against Defendant B and C

A. In a case where the obligor’s property is insufficient to fully repay the obligor’s obligation, if the obligor provided the obligee’s sole property to a certain certain obligee as payment in kind, then the obligee obtains satisfaction of the obligee’s claim prior to any other obligee, but the joint collateral decreases to the extent.

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