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(영문) 서울서부지방법원 2018.07.06 2017가단224909
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 5, 2015, the Plaintiff entered into a loan transaction agreement with C by setting the interest rate of 100,000,000 won per annum and the interest rate of 12% per annum, with a grace period of 1 year, and with a grace period of 2 years following the expiration of the repayment period of principal and interest, the method of repayment each month on the date of repayment of principal and interest, the timing of payment of interest, and the delay in the installment repayment of principal and interest in accordance with the schedule of repayment of principal and interest, when the repayment of principal and interest is delayed, interest, and the installment repayment of principal and interest, etc.

C As of July 20, 2017, the amount to be repaid to the Plaintiff in relation to the above loan is KRW 109,149,568.

B. 1) As between March 2, 2016, the Defendant: (a) around March 2, 2016, the real estate indicated in the separate sheet owned by C (hereinafter “instant real estate”).

A) The sales contract to purchase KRW 120,000,000 for the purchase price (hereinafter “instant sales contract”).

(2) On September 2, 2016, the registration of ownership transfer was completed on August 2, 2016 under the name of the Defendant for the instant real estate by the Seoul Western District Court No. 32690, the receipt of the Seodaemun District Court’s receipt of the Seodaemun Registry.

C. At the time of concluding the instant sales contract, C did not have any property other than the instant real estate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 2, fact inquiry results against the Minister of Court Administration of this Court, purport of whole pleadings

2. Determination

A. According to the fact that the existence of the preserved claim is recognized, the Plaintiff’s claim for loans against C is a claim arising before the instant sales contract, and thus, the obligee’s right of revocation becomes a preserved claim.

B. According to the facts of the recognition of the intent of fraudulent act and the intent to commit suicide, the instant sales contract constitutes a fraudulent act that leads to excess of the obligation of the debtor C or worsens the existing status of excess of the obligation, barring any special circumstance.

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