logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2018.10.18 2016가합10317
사해행위취소
Text

1.(a)

A sales contract concluded on November 4, 2015 between the defendant and D with respect to each real estate listed in the attached Table.

Reasons

Facts of recognition

The plaintiffs' loan claims: The plaintiff A lent money to D several times from December 30, 208 to January 12, 201, and the plaintiff B lent money to D several times from February 17, 2010 to December 17, 2012.

On October 2016, the Plaintiffs filed a lawsuit against D seeking the payment of the above loan (Seoul Central District Court 2016Da560785). On December 6, 2017, the said court rendered a ruling ordering the Defendant to pay the loan.

At present, Seoul High Court 2018Na200723 is continuing the appellate court.

Defendant (D) shall:

(a) 5% per annum from January 13, 2011 to November 24, 2016 and 15% per annum from the following day to the date of full payment to Plaintiff A;

B. The Plaintiff B shall pay 244,600,000 won with 24% interest per annum from July 2, 2013 to the day of full payment.

D and the defendant's trade: Fraudulent act D entered into a sales contract with the defendant (the trade name before the change: E) on November 4, 2015 with respect to each real estate listed in the attached Table (hereinafter "the instant real estate") (hereinafter "the instant sales contract"), and completed the registration of ownership transfer with respect to each of the said real estate to the defendant on November 10, 2015.

At the time of sale: as seen in the table below, D was in excess of its obligation at the time of the instant sales contract.

(B) As to the Plaintiff’s debt against F and G, the Defendant also asserts that the principal and interest of the secured debt exceeds the maximum debt amount (based on the maximum debt amount) (based on the basis of the principal amount). The market price of the instant real estate was based on the publicly assessed individual land price. The real estate price of the instant real estate is KRW 237,50,000 (based on the publicly assessed individual land price) of the Plaintiff’s debt against the Plaintiff 1,211,328,80 won of the instant real estate (see the attached Table) against the Plaintiff 24,60,000 won.

arrow