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(영문) 인천지방법원 2017.02.08 2016가단219500
사해행위취소
Text

1. The reservation to trade concluded on June 12, 2014 with respect to real estate in the attached list between the defendant and B shall be revoked.

2...

Reasons

1. Basic facts

A. Nonparty B (hereinafter “Nonindicted Party”) was loaned KRW 176,730,000 from the Plaintiff on December 10, 2009 for the purpose of preparing the first and second intermediate payment in purchasing Nos. 310, Yeonsu-gu Incheon Metropolitan City Officetel D. 310.

After that, the Nonparty, as of June 12, 2014 (including the principal of the loan and overdue interest from January 4, 2012) as of June 12, 2014, as of the following disposal date, lost the benefit due to the above loan obligation, thereby leading to KRW 241,509,292 (including the principal of the loan and overdue interest, etc.).

B. On June 12, 2014, when the non-party’s disposal disposition exceeds active property as indicated below, the non-party’s disposal disposition of the non-party completed the registration of the right to claim ownership transfer on the same day as his/her pro-friendly real estate (hereinafter “instant real estate”) as of June 12, 2014, on which the non-party’s disposal right registration was completed on the same day

(1) The Plaintiff did not pay the sales price in full or complete the registration of ownership in its name. As such, the Plaintiff did not include the sales price in active property, and the unpaid portion out of the sales price shall not be added separately to the negative property. Of the sales price, the real estate amount of KRW 182,175,178 of the instant real estate (value of land and the first floor) KRW 120,000,354,000 for 205,354,000 for 4.150,000,000 if the Nonparty did not pay the sales price in full or completed the registration of ownership in its name, and the unpaid portion out of the sales price shall not be added separately to the negative property. The Plaintiff’s active property Nos. 241,509,292 of the real estate amount of KRW 182,50,000 for the creditor’s real estate amount of KRW 182,50,000,0000 for 4.2,24171,27

2. According to the judgment on the cause of the claim, even though the Nonparty, who was in excess of his/her obligation, is not in excess of his/her remaining liability property, by means of a sales promise for the instant real estate to the pro-friendly Defendant

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