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(영문) 울산지방법원 2021.02.04 2020가단114985
사해행위취소
Text

Attached Form

For real estate listed in paragraph 1 of the list:

A. A reservation is made for the return of substitutes concluded on March 25, 2019 between the Defendant and C.

Reasons

1. Basic facts

A. On August 20, 2018, the Plaintiff loaned KRW 30 million to C, setting the maturity on August 19, 2019 and the interest rate of KRW 7.44% per annum.

C has lost the benefit of time by delaying the payment of interest on the above loan.

On August 26, 2019, the Plaintiff filed a payment order against C for the payment of the above loan (Seoul Central District Court No. 2019, 390628). On September 2, 2019, the Seoul Central District Court decided that “C shall pay to the Plaintiff the amount calculated at the rate of 10.4% per annum from August 24, 2019 to the delivery date of the original copy of the instant payment order, and 12% per annum from the next day to the date of full payment” to the effect that “C shall pay to the Plaintiff the amount of money calculated at the rate of 31,139,629 won and 30,000 won per annum from the next day to the date of the original copy of the instant payment order.”

The above payment order was finalized as it is because C did not raise an objection.

B. C completed the registration of transfer of ownership on July 7, 2004, and completed the registration of transfer of ownership on March 28, 2019 on March 25, 2019 with the Defendant, who is a pro-friendly resident on March 25, 2019, as a registration holder, as to the real estate listed in attached Table 1 (hereinafter referred to as “real estate of this case” and each real estate listed in the remaining attached list, as well as the same.

On April 9, 2018, the real estate in this case was registered for the establishment of the right to lease on a deposit basis with D as of April 9, 2018.

(c)

C As to the instant 2 real estate, on June 30, 201, upon completing the registration of the transfer of ownership on the ground of sale and purchase, and on April 1, 2019, on March 25, 2019, the share was registered to the Defendant on the ground of a promise to return the substitute.

(d)

C As to the instant three real estate, on April 15, 201, upon completing the registration of transfer of ownership on the ground of sale and purchase, and on April 1, 2019, on March 25, 2019, the share was registered to the Defendant on the ground of a promise to return a substitute.

E. C completed the registration of transfer of ownership on May 31, 2018 with respect to Ulsan-gun E Apartment E Apartment, Ulsan-gun, for sale, and sold it to G on March 18, 2019.

F. C. This case 1, 2.

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