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(영문) 서울북부지방법원 2020.01.08 2019가단133452
사해행위취소
Text

1. Defendant B’s interest rate of KRW 20,100,705 and KRW 14,308,342 among the Plaintiff shall be from June 11, 2019 to the date of full payment.

Reasons

Claim against Defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

B. Grounds for recognition: (a) Each statement in the judgment by service (Article 208(3)3 of the Civil Procedure Act) against Defendant C, as to the claim Nos. 1, 2, and 4 (including each number), and the fact-finding with the Minister of the National Court Administration of this Court; (b) comprehensively taking account of the result of the order issued by the court to submit financial transaction information to D agencies of this case, E transferred to FF Co., Ltd. on October 13, 2017, the above company transferred credit card payment claims against Defendant B to the Plaintiff on April 16, 2018; (c) each of the above transfers was notified to Defendant B at each time of transfer; (d) Defendant B sold each of the real estate listed in the separate sheet (hereinafter referred to as “each of the instant real estate”) to Defendant C on December 24, 2018; and (e) the registration of ownership transfer was completed on January 9, 2019; and (e) each of the instant real estate owned by Defendant B, the sole beneficiary of each of the instant real estate.

As to this, Defendant C did not know that it would prejudice the general creditors of Defendant C at the time of the instant sales contract, but it is not sufficient to recognize the same merely with the descriptions of the evidence Nos. 1 and 2 (including the virtual number). Since there is no other evidence to acknowledge it, Defendant C’s defense is without merit.

Therefore, the instant sales contract should be revoked as a fraudulent act, and as a result, Defendant C is obligated to cancel the registration of transfer of ownership of each of the instant real estate to Defendant B.

Therefore, the plaintiff's claim against the defendant C is reasonable and acceptable.

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