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(영문) 수원지방법원 2018.10.05 2016가단533043
사해행위취소
Text

1.(a)

The sales contract concluded on April 15, 2014 between Defendant B and Nonparty D with respect to the real estate stated in the separate sheet was 95.

Reasons

1. Facts of recognition;

A. The Plaintiff deposited KRW 10,000,000 on March 24, 2009, KRW 40,006,000 on March 25, 2009, KRW 50,000 on September 3, 2009, and KRW 110,006,000 on December 11, 2009.

(B) The Plaintiff deposited KRW 34,286,350, respectively, to the Deceased on May 23, 2011 (hereinafter “the deposit in 2009”). D. The Plaintiff deposited KRW 34,286,350, respectively, from November 18, 201 to December 20, 2011 (hereinafter “the deposit in 201”).

The Deceased deposited the Plaintiff total of KRW 10,00,000 on April 28, 2009, KRW 5,000,000 on May 29, 2009, KRW 5,000,000 on November 17, 2009, KRW 1,000,000 on December 31, 2009, KRW 231,000 on August 23, 2010, KRW 3,000,00 on December 23, 201, KRW 10,000 on December 13, 201, KRW 10,000 on December 10, 201, KRW 10,000 on December 10, 200, KRW 00 on May 10, 201; and KRW 5,005; and

On April 15, 2014, the Deceased concluded a sales contract of KRW 180,00,000 (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet, which is the only property (hereinafter “instant real estate”) with Defendant B, a lodging room, and issued all documents necessary for the registration of transfer of ownership to Defendant B.

However, rather than actually receiving the purchase price from Defendant B, part of the real estate price of this case is set off with the loan amount of KRW 60,000,000 that the Deceased and A shall pay to Defendant B, and the remainder of the real estate price of this case is to be paid by Defendant B with the acquisition of the collateral security obligation established on the real estate of this case and to pay it in lieu of the payment.

E. The Deceased died on May 28, 2014, and the Defendant B completed the registration of ownership transfer with respect to the instant real estate in his/her name on June 5, 2014, using the above registration documents for ownership transfer received from the Deceased.

F. At the time of the instant sales contract, two of the maximum debt amount of 65,00,000 won and the maximum debt amount of 78,000,000 won with each of the instant immovables as the Bank Co., Ltd. (hereinafter “Korea Bank”).

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