logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원정읍지원 2020.09.08 2019가단14064
사해행위취소
Text

The purchase and sale reservation entered into on February 8, 2019 between the defendant and C with respect to each real estate stated in the attached Form shall be revoked.

The defendant.

Reasons

On August 28, 2015, the Plaintiff loaned KRW 1,00,000,00 to C (Evidence 1-1) and except for partial repayment with dividends distributed in the auction procedure, the Plaintiff’s claim of KRW 747,183,633 ( Principal KRW 173,049,684 for delay damages of KRW 1,95,235) as of December 15, 2019 remains.

(A) No. 2-3) On February 8, 2019, C made a sales promise (hereinafter “instant sales promise”) with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) with the Defendant on February 8, 2019, and completed the registration of the right to claim ownership transfer to the Defendant.

(A) At the time of the promise to sell and purchase, C had no particular property except for each of the instant real estate (the purchase and sale price of KRW 350,000,000,000, and evidence Nos. 1) (except for the property during the fact inquiry reply and the voluntary auction procedure on May 21, 2020), and each of the instant real estate was set up as a collateral security amount of KRW 300,000,000 with respect to the maximum debt amount.

(A) Therefore, it is reasonable to see the instant promise as a fraudulent act because it deepens the shortage of common security by ordinary creditors, and its intention to commit a fraudulent act in light of C’s financial status, etc.

Therefore, the reservation for sale of this case shall be revoked, and the defendant is obligated to implement C with regard to each real estate of this case, the right to claim transfer of ownership under Paragraph (2) of the order, the procedure for cancellation of registration.

The defendant alleged that he did not know that he did not harm the creditor, but it is difficult to recognize this only with the allegations and evidence submitted by the defendant.

arrow