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(영문) 전주지방법원 2016.01.27 2014가단29577
사해행위취소 등
Text

1. The sales contract concluded on April 24, 2014 with respect to vehicles listed in the separate sheet between the Defendant and the limited liability company is 34,60.

Reasons

1. Basic facts

A. The Plaintiff filed an application with the Jeonju District Court for a payment order seeking payment of the Promissory Notes amounting to KRW 70 million and damages for delay against a limited liability company B (hereinafter “B”) as the Southern District Court Branch 2013j514, and the payment order issued on October 21, 2013 based on the above application was finalized on December 13, 2013.

B. On November 22, 2010, B registered dump trucks (hereinafter “instant vehicle”) as the owner. On April 24, 2014, B sold the instant vehicle to the Defendant at KRW 82 million (hereinafter “instant purchase”). On April 29, 2014, the procedure for the registration of ownership change was completed in the Defendant’s future on April 29, 2014.

C. From April 24, 2014, the Defendant was registered as a director B from April 24, 201 to the date of the closing of the instant argument.

With respect to the instant vehicle, the registration of the creation of mortgage (hereinafter “instant mortgage”) was completed on November 22, 2010 in the name of the debtor B and the bond value of KRW 132 million in the name of the Samsung Card Co., Ltd., and the defendant completed the registration of the creation of mortgage (hereinafter “instant mortgage”) on May 14, 2014, which was after April 29, 2014 when he acquired the ownership of the instant vehicle, in the name of the debtor, the defendant, the bond value of KRW 57,40 million in the value of the instant vehicle, and the registration of the creation of mortgage (hereinafter “instant mortgage 2”) was revoked on the same day.

At the time of cancellation, the secured debt amount of the mortgage No. 1 of this case was KRW 47.4 million.

E. At the time of the instant sales, the instant vehicle was the sole property owned by B, and its value is recognized to be at least KRW 82 million, which is the price purchased by the Defendant, and B bears the Plaintiff’s obligation of KRW 70 million and the secured obligation of KRW 47.4 million, which is the secured obligation of the first mortgage of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3, vehicle registration office at the front week of this Court, and modern social corporation.

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