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(영문) 수원지방법원안양지원 2017.04.06 2015가단115051
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C’s claim relationship 1) The Plaintiff has a claim against C for KRW 627,00,000 and delay damages therefor. (2) C has a claim against D for a loan of KRW 150,000 (hereinafter “instant loan”).

B. The Defendant’s establishment and termination of the instant right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant real estate under the name of the Defendant on January 10, 201, based on the obligor D, the mortgagee C, and the maximum debt amount, KRW 150 million on the ground of a contract establishing the right to collateral security on January 7, 2011, for the purpose of securing the instant loan obligation, as the wife of D, as the wife of D.

(2) On May 29, 2013, C terminated the instant mortgage contract with the Defendant and cancelled the registration.

C. Although the instant real estate was under the name of the Defendant, in the instant case of divorce, etc. between D and the Defendant on June 15, 2009, the Defendant adjusted that D performed the registration of transfer due to division of property between D and D, and thereafter D exercised the real right to the instant real estate. 2) D were unable to repay the instant loan obligations to the Plaintiff by January 7, 2012, or did not perform the promise, by January 7, 2012.

3) Meanwhile, on May 23, 2012, D drafted a sales contract to sell the instant real estate to C. 4) After that, on June 24, 2014, the Defendant sold the instant real estate to E with the price of KRW 410 million, and from E, paid KRW 14,50,000,000,000, which deducted the secured debt of the national bank collateral security right established on the instant real estate from the said sales price, from E, KRW 235,50,000,000,000,000,000,000 won.

Where value-added tax is generated at the time of the above sales contract.

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