logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.09.29 2016가단148402
사해행위취소
Text

1. Defendant A’s interest rate of KRW 15,593,05 and KRW 4,291,682 among the Plaintiff shall be from December 30, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On July 2, 2010, 190, the immediate re-loan Co., Ltd.: (a) determined KRW 5,000,000 to Defendant A as interest rate of KRW 48.96% per annum; and (b) lent it to Defendant A.

B. On November 3, 2014, the right to loan was transferred to the Plaintiff. Around that time, the right to the loan was transferred to Defendant A.

C. As of December 29, 2016, Defendant A’s above loan obligations remain as principal KRW 4,291,682 as of December 29, 201 and interest KRW 11,301,373.

On May 24, 2016, Defendant B lent KRW 10,000,00 to Defendant A, and completed the registration of creation of a mortgage (hereinafter “mortgage”) around KRW 12,00,000,000 for the real estate listed in the separate sheet owned by Defendant A (hereinafter “instant real estate”).

E. On November 9, 2016, Defendant A entered into a sales contract with Defendant B by setting the sales amount of KRW 60,000,000 with respect to the instant real estate (hereinafter “instant sales contract”), and on the same day, Defendant B completed the registration of ownership transfer for the instant real estate.

F. At the time of the instant sales contract, the instant real estate, other than the instant mortgage by Defendant B, was completed in addition to the maximum debt amount of KRW 37,200,000,000 for the establishment of a mortgage and the establishment of a mortgage of KRW 9,100,000 for Nonparty C in the future.

On the date of the conclusion of the instant sales contract, Defendant B repaid 36,473,559 won with the principal and interest of the secured obligation of the former Agricultural Cooperative as well as C’s secured obligation of KRW 10,000,000,000, respectively, and each of the above establishment registration was cancelled on the same day.

G. The instant real estate was the only property of Defendant A, and the market value of the instant real estate was KRW 71,00,000 at the time of the instant sales contract.

[Ground of Recognition: Facts without dispute, Gap evidence 1 to 4, Eul evidence 2, 3, 5, and 6 (including each number; hereinafter the same shall apply).

arrow