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(영문) 수원지방법원성남지원 2014.12.12 2014가단12132
사해행위취소 등
Text

1. The sales contract concluded on December 16, 2013 between the Defendant and B on real estate listed in the separate sheet was 16,871.

Reasons

1. Facts of recognition;

A. On April 3, 2013, the Plaintiff extended 20,000,000 won to B for a specified period of 48 months and delayed payment of interest, etc. for one consecutive month from the time when payment of interest, etc. was made, or delayed payment of the principal and interest on installment at least two occasions, the Plaintiff agreed that the Plaintiff shall lose the benefit of the term when payment of interest, etc. was made. B delayed payment of interest and delay damages from December 21, 2013. As of April 1, 2014 near the instant lawsuit, the Plaintiff, as of April 1, 2014, has a claim for the principal and interest of KRW 19,42,00 in total, including the principal and interest of KRW 17,815,50 in interest and delay damages.

B. On December 16, 2013, B entered into a sales contract for selling real estate (hereinafter “instant apartment 1/2 shares”) in the attached list (hereinafter “instant sales contract”) to the Defendant, and completed the registration of ownership transfer as the receipt No. 3881 on January 10, 2014 by the Seocheon District Court, Seocheon Branch of Incheon District Court.

C. Around December 2013, 2013 active property: ① 1/2 shares in the instant apartment complex of KRW 83,750,000 in the market price; ② the estimated amount of retirement allowance received KRW 7,927,490 in the aggregate of KRW 7,677,490 in the instant apartment complex of KRW 91,67,490 in the market price; ② the total amount of KRW 68,00,00 in the loans owed to NAFFF; ② the amount of KRW 29,286,00 in the loans owed to NAFFFF; ③ the amount of KRW 53,965,00 in the loans owed to NAFFFF; ④ the amount exceeding KRW 5,331,00 in the cards or cash services debts owed to NAFFF; ⑤ the amount of KRW 17,500,000 in the loans owed to NAFFFFFFF; and ④ the amount of KRW 368081,830.

On the other hand, the entire shares of real estate stated in the attached list are executed before the sales contract of this case is concluded.

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