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(영문) 대전지방법원 2017.01.19 2015가단222330
사해행위취소
Text

1. As to the real estate stated in the separate sheet between the Defendant and B, the reservation to sell and purchase the real estate as of April 27, 2015, and June 15, 2016, concluded between the Defendant and B.

Reasons

1. Facts of recognition;

A. B used a credit card by entering into a credit card use agreement with Hyundai Card Co., Ltd., and on December 30, 2014, 9050,000 won was transferred by substitute loan and the liability arising from the use of credit cards was incurred.

B. B was unable to repay the principal and interest after repayment of the principal and interest to be paid every month on February 25, 2015 with respect to the foregoing repayment loan obligation, and the principal and interest have not been repaid after repayment of the principal and interest on May 21, 2015.

B’s obligations against the said modern card were KRW 7,915,500, the outstanding principal at the time of April 27, 2015.

B From July 27, 2015, the arrears amounting to KRW 12,675,00 as of September 18, 2015 began to be registered from the Corporate Bank, KB National Card, and New Card.

C. On August 31, 2015, Hyundai Card transferred its claim against B to the Plaintiff under a contract for the transfer and acquisition of the claim with the Plaintiff, and notified the Plaintiff on September 3, 2015.

B entered into a pre-sale agreement on April 27, 2015 with the Defendant, who is one of his own property, on the real estate listed in the separate sheet, and accordingly, the Defendant completed the registration of the right to claim transfer of ownership as the receipt of No. 10708 on April 29, 2015.

Then, B entered into a sales contract on June 15, 2016 with the Defendant on the said real estate, and the Defendant completed the registration of ownership transfer as the receipt No. 108908 on June 22, 2016 by the Gwangju District Court registry office.

E. B The active property of business B, which entered into the said purchase and sale contract, was approximately KRW 2,10,000 won of the above real estate and approximately KRW 2,150,000 of the above real estate and KRW 2,150,000 of the above real estate, and the small property was a debt of KRW 80,000 against the Defendant, KRW 11,90,000 of the obligation against the Defendant, KRW 1,20,000 of the overdue debt registered with the Federation of the Bank, and KRW 7,90,000 of the above obligation against the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, respectively.

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