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(영문) 수원지방법원 2016.01.21 2014가합9093
사해행위취소 등
Text

1. It was concluded on July 20, 2012 on each real estate listed in the separate sheet between the Defendant and the Plaintiff’s death services.

Reasons

1. Basic facts

A. On July 5, 2007, the Plaintiff entered into a sales contract with a Co., Ltd. (hereinafter “Bail Services”) to sell a paint for imported vehicles, and supplied a paint for imported vehicles to the bamboo electric services by August 3, 2012 pursuant to the said sales contract.

B. Although the Plaintiff was supplied with goods, the Plaintiff did not pay part of the purchase price, and on December 30, 2013, the Plaintiff filed a lawsuit against the Plaintiff on the claim for the purchase price of the goods, and the judgment that “the Plaintiff shall pay the Plaintiff 28,984,433 won and the amount calculated by applying the rate of 6% per annum from September 25, 2012 to December 26, 2013, and 20% per annum from the next day to the date of full payment (U.S. District Court 2013Na25429).”

C. On July 20, 2013, the deceased services sold each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as its sole property to the Defendant for KRW 5.4 billion (hereinafter “instant sales contract”), and completed the registration of transfer of ownership as the receipt No. 125707 on August 8, 2013 by the Suwon District Court Registry (U.S.).

Meanwhile, each of the instant real estates was completed on August 30, 2012 at Suwon District Court, Suwon District Court’s Registration Office of 123539, and the establishment registration of a neighboring mortgage with the maximum debt amount of KRW 4.5 billion was completed on September 4, 2012, (i) the debtor’s death services, (ii) the establishment registration of a neighboring mortgage with the maximum debt amount of KRW 360,000,000,000 for the Bank of Korea (hereinafter the aforementioned establishment registration was completed on September 4, 2012), and (iii) the establishment registration of a neighboring mortgage with the maximum debt amount of KRW 360,000,000 for the Bank of Korea (hereinafter each of the instant surrounding mortgages), but each of the registered collateral mortgages was revoked on September 22, 2014, which was subsequent to the sale of the instant real estate to the Defendant.

[Based on recognition] There is no dispute, Gap 1-7 evidence, Eul 1 evidence number.

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