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Reasons
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(영문) 울산지방법원 2016.12.20 2015가단27179
사해행위취소 등
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1. Defendant B shall pay to the Plaintiff KRW 90 million and the amount of KRW 50 million among them, starting from November 21, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On March 11, 2010, the Plaintiff lent KRW 50 million to Defendant B.

(hereinafter “instant loan”). (b)

On January 5, 2015, Defendant B agreed to pay up to August 30, 2015 the principal amount of KRW 40 million to the Plaintiff and the instant loan, and to pay up to August 30, 2015 the principal amount of KRW 90 million.

C. On June 17, 2015, the registration of ownership preservation was completed on the real estate listed in the separate sheet (hereinafter “instant apartment”). D.

On April 30, 2015, Defendant B sold the instant apartment at KRW 48,7250,000 to Defendant C and D (hereinafter “instant sales contract”), Defendant C and D completed the registration of transfer of ownership on the ground of sale as of October 27, 2015, No. 142216, supra, as of each of the instant apartment units to Defendant C and D (hereinafter “instant sales contract”).

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 5, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. According to the facts of the determination as to the Plaintiff’s claim against Defendant B, Defendant B is obligated to pay to the Plaintiff delay damages calculated at the rate of 15% per annum from November 21, 2015 to the date of full payment, as requested by the Plaintiff, with respect to the instant loan and the amount of KRW 90,000,000,000, which is the loan principal, and KRW 50,000,000,000, which is the loan principal, under an agreement made on January 5, 2015.

B. The Plaintiff’s assertion 1) Defendant B, the sole property of which is the instant apartment, sold to Defendant C and D, thereby reducing liability property, thereby damaging the Plaintiff, the obligee.

Therefore, the sales contract between the Defendants should be revoked.

The instant sales contract is a false representation of the Defendants in order to evade the instant loan obligations.

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