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(영문) 광주지방법원 2016.12.13 2016가단514300
사해행위취소
Text

1. As to each real estate listed in the Schedule of Attached Real Estate:

A. The Defendant and Nonparty B concluded on March 5, 2015.

Reasons

1. The following facts of recognition may be acknowledged by taking into account each description of Gap evidence 1 to 10, the head of Dongjak District Tax Office, the head of Seocho District Tax Office and the head of Seocho District Tax Office's respective taxation information submission order and results, and some testimony of the witness B. A.

(1) The Plaintiff loaned KRW 50,00,000 to C on September 24, 2013, KRW 50,000,000, KRW 50,000 on February 25, 2014, and KRW 30,00,00 on February 13, 2015, and the Plaintiff jointly and severally guaranteed each of the above obligations to return the loans to C Co., Ltd.

(2) From the beginning of 2015, C delayed repayment of the principal and interest of each of the above loans from around the beginning of 2015, and on June 14, 2016, the balance of the principal and interest of each of the above loans is KRW 240,94,743.

B. B’s disposal of the property (1) B on August 1, 1988, the registration of ownership transfer for one-half of each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) has been completed, and on June 14, 2007, the registration of ownership transfer for one-half of the remainder of the instant real estate is completed.

B on September 22, 2014, with respect to the instant real estate, the registration of creation of a mortgage with the maximum debt amount of KRW 26,000,000 had been completed to the Saemaul Bank of Korea.

(2) B on March 16, 2015, with respect to the instant real property, which is the sole real property owned by oneself, the same month.

5. The transfer registration of ownership (hereinafter “the transfer registration of ownership”) was completed to the Defendant on the ground of sale and purchase (hereinafter “the instant sales contract”).

C. B’s property status had no particular property other than the instant real estate at the time of the instant sales contract, and all the Plaintiff, the Saemaul Bank of Korea, etc. were liable to pay KRW 600 million.

2. Determination

A. According to the above facts, the transfer of the instant real estate, which was the only real estate owned by B, which was in excess of the obligation at the time of the instant sales contract, to the Defendant would prejudice the Plaintiff, a general creditor, barring special circumstances.

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