(영문) 울산지방법원 2015.10.23 2015가단6219

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(영문) 울산지방법원 2015.10.23 2015가단6219

사해행위로 인한 가액배상금

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1. On February 19, 2014 regarding the real estate stated in the separate sheet between the defendant and the non-party B, the reservation was made on June 13, 2014.

Reasons

1. Basic facts

A. (1) The Plaintiff’s credit, etc. (1) issued a credit card to Nonparty B on or around December 2001, and B began to pay the credit card price from February 5, 2014 while using the said credit card.

(2) As of March 11, 2015, the instant credit card-related principal and interest claim against B amounting to KRW 10,635,039 (hereinafter the Plaintiff’s credit card-related principal and interest claim against B).

(1) B acquired on March 13, 2006 the real estate listed in the separate sheet (hereinafter referred to as the “instant real estate”).

(2) From September 8, 2003 to June 17, 2014, the Defendant lent a total of KRW 12,5950,000 to B.

(4) The Defendant completed the registration of ownership transfer on the ground of the name of the Defendant on February 19, 2014 (hereinafter “the provisional registration of this case”) under the name of Ulsan District Court No. 14941, Feb. 19, 2014 (hereinafter “the instant promise”). (4) The Defendant completed the registration of ownership transfer on June 17, 2014 under the name of Ulsan District Court No. 62502, Jun. 13, 2014 (hereinafter “Transaction District Court No. 1206, Jun. 13, 2014”) based on the provisional registration of this case.

(hereinafter referred to as the "registration of ownership of this case").

The instant real estate was the only property with the collateral of B at the time of the instant reservation and sale, and the Defendant is the seat of B.

(1) The instant real estate was completed on August 24, 2006, which was the registration of creation of a mortgage on August 24, 2006, which was the maximum amount of claims KRW 45 million, the debtor B, the person holding the right to collateral security (hereinafter “non-party agricultural cooperative”), and the amount of the secured claim of the instant registration was equivalent to KRW 30,377,38, the amount of the secured claim of the instant registration at the time of the instant sale.

(2) The defendant.

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