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(영문) 광주지방법원 2020.06.09 2019가단511074
사해행위취소
Text

1. The sales contract concluded on August 2, 2018 between the Defendant and C is KRW 31,212,33.

Reasons

1. Basic facts

A. On September 20, 2017, the Plaintiff entered into a long-term rental car contract with C around September 20, 2017, with a monthly rental fee of KRW 943,266, and the period of KRW 60,00 for a vehicle volume of KRW 49,30,000. Since September 26, 2018, the said contract was terminated on December 26, 2018.

B. At the time of termination that C is obligated to pay to the Plaintiff pursuant to the above terms and conditions of the contract, the obligation to pay the settlement amount was KRW 63,091,561, including the acquisition price of a siren. The obligation to pay the settlement amount was reduced by C upon returning the said siren to the Plaintiff on January 23, 2019, and became KRW 31,212,333 as of April 11, 2019.

C. On August 2, 2018, C entered into a sales contract with the Defendant for each real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant sales contract”). On August 9, 2018, C completed the registration of ownership transfer with respect to the instant real estate under the Defendant’s name. At the time, the value of the said real estate was KRW 322 million, each transaction amount.

On the other hand, regarding real estate listed in attached list No. 1, the registration of creation of a mortgage in the name of the Association was terminated on September 4, 2017, with the maximum debt amount of KRW 228 million as of September 12, 2018, and the registration of creation of a mortgage in the name of the Association was terminated on September 12, 2018. As to real estate listed in paragraph 2 of the same list, the registration of creation of a mortgage in the name of the Association, with the maximum debt amount of KRW 228 million as of December 15, 2017, was terminated on January 5, 2018, and the registration of creation of a mortgage in the name of the E Association, with the maximum debt amount of KRW 36 million as of January 5, 2018, respectively, was canceled on September 11, 2018.

E. At the time of the conclusion of the instant sales contract, C did not have any particular active property except the instant real estate. It was a small property that was a small financial right other than the amount of the Plaintiff’s debt to the Plaintiff. However, C was registered as the information about overdue loans for at least three months on October 12, 2018, and thereafter on December 8, 2018.

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