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(영문) 서울북부지방법원 2019.11.12 2018가단105009
사해행위취소
Text

1. Defendant B shall pay to the Plaintiff the amount of KRW 4,474,672 as well as KRW 3,00,000,00 among the amounts thereof, starting January 5, 2018.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. Indication of claims: The details of claims by the plaintiff in attached Form 1

(a) Paragraph (1) is the same;

(b) Judgment on deemed confession: Article 208 (3) 2 of the Civil Procedure Act;

2. Determination as to the Plaintiff’s claim against Defendant C

A. 1) The Plaintiff’s claim against the Defendant B as of July 3, 2019, as of July 3, 2019

A) The principal and interest of a claim on the principal and interest of a claim is KRW 15,964,538 in total (the details of the claim are as shown in the attached Table 1.

(2) B) On September 7, 2016, the real estate indicated in the separate sheet (hereinafter “instant real estate”) between Defendant C on September 7, 2016

(2) The sales contract to sell for KRW 450 million (hereinafter referred to as the “instant sales contract”).

(B) At the time of the instant sales contract, B entered into a contract, and completed the registration of ownership transfer on September 8, 2016 to Defendant C for the said sale. B did not have any particular property other than the instant real estate (an amount equivalent to KRW 450 million), and the small property was in excess of KRW 560 million in total.

Defendant B paid interest on the loan obligation in August 2016, and later, Defendant B paid interest on the debt to D from September 10, 2016 to September 10, 2016, and from September 2016 to September 2016 to E.

[Ground of recognition] A without dispute, each entry of Gap evidence Nos. 1 through 11 (including additional numbers), the credit information submission response to F by this court, the inquiry results by the court below about the fact-finding of this court, the response results by this court's order to submit tax information on Suwon Tax Code, the response results by this court's order to submit financial transaction information to G Bank, the purport of the whole pleadings.

B. According to the facts as to the establishment of a fraudulent act and the defendant's good faith, the act of completing the registration of ownership transfer on the real estate of this case to the defendant C due to sale in excess of debt is a fraudulent act with the knowledge that B would prejudice the general creditors including the plaintiff.

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