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(영문) 대전지방법원 2018.08.20 2017나6236
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. B purchased a credit card as the Plaintiff’s personal credit card member on March 3, 201, and obtained the credit card. On August 28, 2014, B borrowed KRW 10,000,000 from the Plaintiff as the card loan (credit card loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loan loaned by the Plaintiff on August 28, 201, and thereafter did not pay interest payment obligations. As of April 13, 2018, B’s total amount of principal and interest and late payment charges against the Plaintiff was KRW 17,70,874 (i.e., principal amount of KRW 10,00,000 interest, KRW 6,623,73,73).

B. Meanwhile, as to the instant real estate, B completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) on November 5, 2014, from the date of receipt of No. 78714 on November 19, 2014 (hereinafter “the instant sales contract”) to the Defendant, who is a Sindoe, as the Daejeon District Court’s Branch Branch, for the transfer of ownership (hereinafter “instant registration”).

C. On November 5, 2014, a sales contract for the instant real estate concluded between the Defendant and B entered into between the Defendant and B, stating that the purchase price of the instant real estate shall be KRW 96,00,000,000, and the down payment of KRW 10,000 shall be paid on November 5, 2014, the contract date, and KRW 56,000,000,000, the Defendant succeeded to the Defendant’s obligations for loans to Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”), and the remainder of KRW 30,00,000,000 shall be paid on November 9, 2014. Under the premise that the Defendant re-lease the instant real estate to B, Paragraph 2 of the special agreement stipulates, “The monthly rent shall be KRW 1,50,000,000 per month.”

In the instant real estate, the maximum debt amount of KRW 67,200,000, the debtor B and the mortgagee were Samsung Fire, and the registration of creation of a mortgage was completed on April 1, 2014 by the Daejeon District Court, the ASEAN Branch of the Daejeon District Court, the registration office of the establishment of a mortgage was completed on April 1, 2014, but the Defendant paid KRW 55,436,308, Sept. 7, 2017, which was after the judgment of the first instance court of the instant case, to Samsung Fire, paid the loans of KRW 55,436,308, around that time.

After the conclusion of the instant sales contract, Daejeon District Court on September 23, 2015.

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