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(영문) 대구지방법원김천지원 2015.01.21 2014가단2118
사해행위취소
Text

1. The sales contract concluded on January 28, 2013 between the defendant and the non-party B on the real estate stated in the separate sheet between the defendant and the non-party B is 5,415.

Reasons

1. Basic facts

A. On November 3, 2010, the Plaintiff granted a loan of KRW 28,00,000 to Nonparty B for a lending period of 36 months, interest rate of loan 22.9% per annum, repayment of principal and interest per annum, repayment of principal and interest per annum, and interest rate per annum 27.9% per annum (hereinafter “instant loan”).

B. B loses the benefit of time by delaying the repayment of the principal and interest agreed to be repaid each month from July 21, 2013, and accordingly, the balance of the principal and interest unpaid as of February 24, 2014 is KRW 5,415,361, including the principal and interest amount of KRW 4,539,307, and overdue interest amount of KRW 876,054.

C. B entered into a sales contract with the Defendant on January 28, 2013 (hereinafter “instant sales contract”) with respect to the real estate listed in the attached list (hereinafter “instant real estate”), and completed the registration of ownership transfer to the Defendant on January 29, 2013 as Daegu District Court receipt No. 5306 of the Daegu District Court Kimcheon-dong Office, which was not registered.

At the time of conclusion of the instant sales contract, the registration of creation of a neighboring mortgage (hereinafter “instant first-mortgage”) with the maximum debt amount of KRW 30 million, B, and Korea Exchange Bank Co., Ltd. (hereinafter “the instant real estate”) and the registration of creation of a neighboring mortgage (hereinafter “second-mortgage”) with the debtor, B, and the mortgagee as the Defendant was completed respectively. The registration of creation of a neighboring mortgage (hereinafter “second-mortgage”) was cancelled on the same day as the date of termination on January 29, 2013. The registration of creation of a neighboring mortgage No. 1 was cancelled on the same day as the date of termination on August 26, 2013.

E. Meanwhile, around January 28, 2013, the market price of the instant real estate was approximately KRW 60 million, and as of August 26, 2013, the amount of the secured debt as of August 26, 2013, totaled KRW 20,105,260 (= Principal KRW 105,260), and B exceeded the obligation at the time of entering into the instant sales contract.

[Reasons for Recognition] The facts without dispute, Gap evidence 1, 2, 6, Eul evidence 5, the Ministry of Land, Infrastructure and Transport, and this Court.

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