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(영문) 서울중앙지방법원 2015.04.16 2014가단5393
사해행위취소등
Text

1. Amendment of the purport of the claim as of January 24, 2013 with respect to the real estate stated in the separate sheet between the Defendant and B.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a contract with B on May 23, 200 and August 28, 2001 with each credit card member.

B From February 2013, the payment of the credit card price was overdue and lost the benefit of time. As of December 19, 2013, the Plaintiff did not pay the total of KRW 14,172,982, including credit card price and delay damages, to the Plaintiff.

B. B entered into a pre-sale and sales contract (hereinafter “instant promise and sales contract”) with the Defendant on real estate, the sole property of which is the instant real estate (hereinafter “instant real estate”) with the Defendant on January 24, 2013, and completed the registration of transfer of ownership based on the instant sales contract on January 25, 2013, and the registration of transfer of ownership based on the instant sales contract on March 14, 2013.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, Gap evidence 7 and 8 (including paper numbers), the purport of the whole pleadings]

2. Determination

A. According to the facts found in the establishment of fraudulent act, at the time of the instant promise to sell and purchase, the Plaintiff entered into a credit card member subscription contract with B at the time of the instant promise to sell and purchase, and immediately after the instant promise to sell and purchase, and immediately after the instant contract to sell and purchase, it may be deemed highly probable that Plaintiff’s credit card payment claim against B was established in the near future at the time of the instant promise to sell and purchase, and thus, the Plaintiff’s credit card payment claim against B is a preserved claim for obligee’s right of revocation. Since B was in insolvent by selling the instant real estate, which is its sole property, to the Defendant, barring any special circumstance, the instant promise to sell and purchase the instant real estate

B. The judgment of the defendant's assertion (1) was between the defendant and the defendant, who is well aware of the same church as B, but the real estate of this case.

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