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(영문) 춘천지방법원 2021.01.12 2019가단52801

사해행위취소

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. The Plaintiffs, as creditors of D, held the right to collateral security (hereinafter “the right to collateral security”) with the upper limit of 240 million won as to real estate (hereinafter “the right to collateral security”) and the upper limit of 240 million won as to real estate (hereinafter “the right to collateral security”) among the real estate recorded in the list No. 1 (hereinafter “each of the instant real estate”).

E F GH IJ L L MN

B. With respect to each of the instant real estate, the Association held the first priority mortgage (hereinafter “the first priority mortgage”) causing the maximum amount of KRW 481 million as a creditor against D, and P had the third priority mortgage (hereinafter “the third priority mortgage”) causing the maximum amount of KRW 560 million as a creditor against D.

(c)

D purchased each of the instant real estate from P, and developed it, and sold E, F, G, I, and J land (of each of the instant real estate, 1, 2, 3, 5, 6, hereinafter collectively referred to as “sale land of this case”) among the instant real estate to the actual citizens and Q, etc. (hereinafter referred to as “the several parts of this case”).

(d)

The parties of this case paid to D some of the total purchase price (each of their own land price) of KRW 621,642,00,000, to be paid to D with a loan from the O association. Some of the remaining amount in cash was paid to D by acquiring part of the remaining purchase price of the land that D had to pay to P, and paying the sale price by establishing a right to collateral security on the land that D had to pay to P.

E. A private person has been delegated by D with the sale of land and transfer registration, etc., and both parties of this case did not pay the sale price directly to D, and the Defendant was in charge of the sale price by Escro which the Defendant manages the sale price.