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(영문) 울산지방법원 2018.02.14 2016가단67679
사해행위취소
Text

1. The sales contract concluded on July 14, 2016 between the Defendant and B on the real estate listed in the separate sheet was 169,223.

Reasons

A. Conservation Claim: According to the evidence submitted by the Plaintiff, the Plaintiff is recognized to have joint and several liability claim amounting to KRW 1.1 billion in total as stated in the attached Form 1.1 to 4. (B) The Plaintiff subrogated for the principal and interest obligation of C on November 18, 2016 when the principal debtor filed an application for corporate rehabilitation as of September 9, 2016.

B’s fraudulent act (1) Facts following the facts are not disputed, or are recognized as the purport of the entire pleadings, in addition to odic evidence.

Attached Form

On July 14, 2016, a real estate sales contract was prepared between B and the Defendant, the owner of the real estate indicated in the list (hereinafter referred to as the “instant real estate”).

[B] The sales contract in this case refers to the sales contract in this case. The sales price is a total of KRW 260,000,000; KRW 25,000,000,000 for the intermediate payment; and KRW 235,00,000 for the remainder payment on July 14, 2016; and KRW 235,00,000 for each payment on July 28, 2016.

On July 14, 2016, the Defendant remitted 5 million won to B, and 15 million won on July 19, 2016, respectively.

[2] On July 28, 2016, the Defendant completed the registration of ownership transfer in the future regarding the instant real estate.

The transaction value is KRW 260 million.

[A] The Defendant did not pay the remainder until then.

On August 3, 2016, the Defendant remitted KRW 100 million to B.

[2] On August 30, 2016, the Defendant cancelled the right to collateral security (B, the obligor B, and the maximum debt amount of KRW 168 million) in the name of the Industrial Bank of Korea established on the instant real estate on the same day, and simultaneously re-established the right to collateral security worth of KRW 156 million in the future of the Industrial Bank of Korea on the same day.

[A] At the time, the amount the Defendant repaid to the Industrial Bank of Korea is KRW 130,776,490, including B’s principal of the loan, KRW 129,682,086, interest KRW 272,296, and KRW 822,108.

(2) Under the judgment on the instant sales contract, we examine whether the instant sales contract is a normal transaction.

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