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(영문) 전주지방법원군산지원 2019.04.30 2018가단54857
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A sales contract concluded on January 30, 2018 between the Defendant and B is concluded.

Reasons

Basic Facts

On November 9, 2017, the Plaintiff loaned KRW 100,000,00 to the fishery partnership C (hereinafter referred to as “C”) under the following conditions. The Plaintiff, the representative of C, was jointly and severally guaranteed the obligation of C to the Plaintiff within the limit of KRW 120,00,000 on the same day.

The expiry date of the loan: Interest rate on November 9, 202: 2.36% per annum: 12% repayment method per annum: For three years after the lapse of two years: B in accordance with the schedule of repayment of principal and interest, on January 30, 2018, sold each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant on the same day, and the transfer of ownership was registered in the name of the Defendant on the same day.

C and B, as of July 19, 2018, bear the principal of KRW 100,00,00,000, substitute payment of KRW 2,973,860, interest of KRW 853,477, interest interest of KRW 42,674, and overdue interest of KRW 103,870,01.

【In the instant case, each of the instant real estates was set up with the maximum debt amount of KRW 520,00,000, the joint collateral security and the maximum debt amount of KRW 130,000,000, and the joint collateral security set up with the association of the mortgagee D, respectively, at the time of the instant purchase and sale.

B sold each of the instant real estate to the Defendant on January 30, 2018, KRW 1,060,000,000, and only received the remainder after deducting the total amount of KRW 500,000 ( KRW 516,988,196 for actual loans) from the purchase price, as well as the amount of KRW 453,00,000 for the repayment of deposit to the Lessee located in each of the instant real estate ( KRW 452,000 for the repayment of deposit for actual lease).

Accordingly, on January 30, 2018, the Defendant paid KRW 107,000,000 to the Plaintiff (=1,060,000,000 - KRW 500,000,000 - KRW 453,00,000).

B There is no real estate owned in addition to each real estate of this case.

The defendant shall have a share of 7,000 units out of 30,000 units of equity in C.

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