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(영문) 수원지방법원 평택지원 2018.06.14 2017가단58036
사해행위취소
Text

1. The sales contract concluded on October 26, 2015 with respect to the real estate listed in the separate sheet between the Defendant and B is KRW 8,706,716.

Reasons

1. Facts of recognition;

A. The KF Capital Co., Ltd. (hereinafter “Nonindicted Company”) loaned money to B before the change, but failed to have it repaid, and applied for a payment order against B as Seoul Eastern District Court Decision 2015Hu1292.

On May 22, 2015, the above court issued a payment order to Non-Party Company: “B shall pay to Non-Party Company KRW 5,735,851 and 4,691,585 whichever is applicable at the rate of 29% per annum from May 16, 2015 to the day of full payment.” The above payment order became final and conclusive around that time.

B. On September 16, 2015, when concluding a contract for the transfer of assets with a non-party company, the Plaintiff acquired the claim for loans under the above payment order against B, and upon delegation of the notification of the transfer of claims by the non-party company, the Plaintiff notified the Defendant of the transfer of claims on October 12, 2015.

C. The Plaintiff’s claim against the Defendant is KRW 2,970,865, which is calculated at the rate of 29% per annum from May 16, 2015 to July 20, 2017, regarding KRW 5,706,716, KRW 5,735,851, and principal KRW 4,691,585, as of July 20, 2017.

B On October 26, 2015, the registration of ownership transfer was completed based on the same date sales contract (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant.

E. B did not have any property other than the instant real estate at the time of concluding the instant sales contract.

F. The defendant is punished B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5, fact inquiry results on Pyeongtaek si of this court, purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the establishment of the fraudulent act, the act that B sells the instant real estate, the only property of the Defendant, and converted into money which is readily consumed by the Defendant, is a fraudulent act against the obligee unless there are special circumstances, and is the obligor B’s intent to commit the fraudulent act and the beneficiary.

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