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(영문) 인천지방법원 부천지원 2017.01.19 2016가단106942
사해행위취소
Text

1. The plaintiff's main claim is dismissed.

2. On July 2014, 2014, regarding the real estate stated in the separate sheet between the Defendant and C.

Reasons

1. Basic facts

A. On April 16, 2012, the Plaintiff loaned KRW 390,000,000 to C (title D prior to the opening of the name) at the rate of 20% per annum on November 30, 2013 and delay damages. A notary public drafted a notarial deed of a monetary loan agreement with the law firm Multisan Deed No. 279 in 2012.

B. On July 5, 2014, the Defendant, a fraud of C, concluded a sales contract with the purchase price of KRW 320,000,000 with respect to the real estate listed in the separate sheet owned by C and C (hereinafter “instant apartment”) (hereinafter “instant sales contract”), and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) as of July 28, 2014, Incheon District Court’s Busan District Court Branch Branch Decision 77214, Jul. 28, 2014.

C. At the time of the instant purchase and sale contract, the instant apartment was respectively set up under the Act No. 28316, Mar. 22, 2011, which was received on March 22, 2011; the maximum debt amount of KRW 232,560,00; the right to collateral security under the name of the national bank established by the debtor C; the right to collateral security under the name of the Incheon District Court; the amount of maximum debt amount of KRW 100,000,000; and the right to collateral security under the name of the Korean Investment Savings Bank, the debtor C (hereinafter “the instant right to collateral security”). However, the registration of the instant right to collateral security was cancelled on the grounds of termination on January 29, 2016, following the registration of ownership transfer.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 3 and 6 (including paper numbers), the purport of the whole pleadings

2. Judgment on the main claim

A. According to the above facts, the Plaintiff acquired the loan claim amounting to KRW 390,000,000 against C.

However, comprehensively taking account of the purport of the entire pleadings in the statement in subparagraph 4 above, C may be recognized that the repayment of KRW 150,000,000 on December 3, 2013, KRW 5,453,510 on January 20, 2014, KRW 1,000,000 on January 29, 2014, KRW 10,000 on March 5, 2014, KRW 3,000,000 on April 4, 2014, and KRW 3,000,000 on March 5, 2014, is to be made in the order of the principal and interest.

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