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(영문) 부산지방법원 2017.11.29 2016가합48849

사해행위취소

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On October 7, 2015, the Plaintiff prepared a notarial deed under a monetary loan agreement (hereinafter “notarial deed of this case”) with the content that “A notary public shall grant 25% interest rate of KRW 300 million to C on October 7, 2015 with the Defendant’s joint and several liability, and set the due date as March 6, 2016,” with the content that “A notary public shall grant a loan by setting the due date as March 6, 2016” (hereinafter “notarial deed of this case”).

B. Meanwhile, on September 21, 2015, B entered into a real estate security trust agreement (hereinafter “the existing trust agreement of this case”) between the Defendant and Busan National Credit Union (hereinafter “B”), which is one’s own ownership, with respect to the pertinent land of 305 square meters (hereinafter “instant land”), between the Defendant and the trustee, the first priority beneficiary, and Busan National Credit Union (hereinafter “the amount issued of the first priority beneficiary certificate”). On September 23, 2015, B completed the registration of ownership transfer based on the said trust agreement, and received a loan of 50 million won from Busan National Credit Union (hereinafter “existing loan”).

C. On May 31, 2016, B completed the construction of the building indicated in the “Indication of the Attached Building” on the instant land, and entered into a real estate security trust agreement (hereinafter “the trust agreement of this case”) with the Defendant, the first priority beneficiary, and the third priority beneficiary, under the real estate security trust agreement (hereinafter “the first trust agreement of this case”) with the Defendant, the trustee as the Defendant, the first priority beneficiary, and the third priority beneficiary as the third priority beneficiary, with respect to the real estate of this case, on May 31, 2016, with respect to each real estate indicated in the “Indication of the Real Estate” No. 1 and No. 8.