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(영문) 서울동부지방법원 2017.11.17 2016가단123007
사해행위취소
Text

1. The agreement on succession of rights and obligations entered into on November 5, 2013 between the Plaintiff and B on real estate entered in the separate sheet between the Plaintiff and B is 301.

Reasons

1. Basic facts

A. On March 17, 2011, B issued a loan certificate stating that “B borrowed KRW 150 million to the Plaintiff, which shall be paid in lump sum on March 16, 2013.”

(and the above money - The loan of this case - A notary public, in the name of B, was made up a notarial deed of monetary loan contract No. 238 of 2011, in the name of B.

B on March 8, 2012, between the Korea Land and Housing Corporation and Korea Land and Housing Corporation, concluded a sales contract on apartment units listed in the attached list (hereinafter “instant apartment units”).

B entered into a contract on November 5, 2013 with the defendant, who is the spouse, to transfer the status of the above parcelling-out contract (hereinafter referred to as "contract on the transfer of the parcelling-out right of this case") with the amount of KRW 376,79,00 (including the amount included in KRW 75,00,000) out of the sales price of the above parcelling-out contract of KRW 450,449,00 (the actual subject of the transfer is about KRW 9.99/100, not the entire right of the apartment of this case).

(C) At the time of the instant contract for the transfer of the right to sell lots, B did not have any other property than the above right to sell lots. The Defendant, on December 23, 2013, purchased and sold 9.9 percent of the instant apartment on March 8, 2012 - completed the registration of ownership transfer on the ground of the said sale contract - The registration of ownership transfer as to the portion stated in the purport of claim 0.01 percent of the instant apartment on the same day, shall be completed for the same reason. On the other hand, the Defendant and B completed the registration of ownership transfer with respect to the instant apartment at the Bank of Korea, the maximum debt amount of KRW 240 million, and the registration of ownership transfer with respect to the said apartment at the time of the obligor B. [The Defendant and B] completed the registration of ownership transfer for the same reason, and completed the registration of ownership transfer for the entire pleadings.

2. Issues and judgments

A. In full view of the contents of evidence Nos. 3-3-1, 2, and 3-2 and the fact-finding results in the inquiry into the Korea Credit Information Company, the Plaintiff against the Korea Credit Information Company B.

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