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(영문) 서울남부지방법원 2015.02.17 2014가단230027

사해행위취소 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 9, 2013, B entered into a sales contract with the Defendant for sale of KRW 100,500,000,00 of the real estate stated in the separate sheet (hereinafter “instant real estate”).

(hereinafter “instant sales contract”). B.

Of the purchase price, KRW 9 million on the day of the contract, the remainder of KRW 90 million on April 18, 2013, respectively, shall be paid on the day of the contract, and two cases of collateral security obligations under the name of the Jinju Livestock Industry Cooperatives (hereinafter “ Jinju Livestock Industry Cooperatives”) succeeded to by the Defendant, and two cases of personal collateral security obligations under the name of the Defendant were stipulated under a special agreement that B would make all repayment and termination until the payment date of the remainder (hereinafter “instant special agreement”).

On April 9, 2013, the Defendant paid the down payment of KRW 9 million to B of the instant sales contract.

C. At the time of the instant sales contract, the details of the registration of the establishment of a neighboring mortgage on the instant real estate are as follows.

D. D 42 million won on August 9, 2012, 2012, KRW 200,000,000 on June 16, 2010, KRW 42,210,000 on June 3, 2010, KRW 42,000,000,000 on the aggregate of KRW 52 million on January 3, 2007, 162,00,000,000 for Jindo;

D. On the other hand, on April 8, 2013, B agreed to pay KRW 18 million out of KRW 35 million on the instant real estate and the existing collateral security debt (sum repayment of KRW 8.4 million on April 12, 2013, KRW 9.6 million on April 18, 2013, and KRW 17 million on April 18, 2013), and on the same day, B agreed to repay KRW 21.5 million out of the instant real estate and the existing collateral security debt amounting to KRW 42 million (sum repayment of KRW 9 million on April 12, 2013, KRW 20 million on April 18, 2013, KRW 21.5 million on April 18, 2013).

E. On April 12, 2013, the Defendant bears the obligation of D, C, and B on the condition that creditors D and C cancel their right to collateral security when purchasing the instant real estate.

was drawn up a note that it will entirely be responsible for the obligations described in the subsection.

(hereinafter referred to as “each of the instant papers”). The Defendant shall make each of the instant papers.