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(영문) 대구지방법원 2017.06.22 2016가단20623

사해행위취소

Text

1. In the case of Defendant 1, Inc., Defendant 1:

A. 1. Of the real estate listed in the attached list to Defendant MS Co., Ltd.

Reasons

1. Basic facts

A. The following table is the reason why the ownership of the real estate of this case is changed and the establishment of the collateral security is established.

On May 29, 2010: A person holding a right to register the purpose of receipt, a right to collateral security on August 18, 2010: A person holding a right to collateral security on May 29, 2010: The right to claim transfer of ownership on June 7, 2013, Red Industry: A person holding a provisional registration on June 3, 2013: A person holding a right to claim transfer of ownership on July 9, 2014: A person holding a right to claim transfer of ownership on July 9, 2014, No. 20468, Jul. 18, 2013; a person holding a right to a provisional registration on July 17, 2013: A person holding a right to claim transfer of ownership on July 17, 2013: B.D. (1/2 of shares) on July 2014, 204; a person holding a right to claim transfer of ownership on July 205, 2014.

B. The Plaintiff (Appointed Party) A and the Selection E (hereinafter “the Plaintiffs”) filed an application for provisional injunction on the provisional registration of the right to revoke the fraudulent act in 2013 with Defendant A’s right to claim the cancellation of provisional registration based on the right to revoke the fraudulent act, and filed a provisional injunction on the provisional registration of the right to claim the transfer of ownership. The provisional disposition was issued on July 3, 2013 and the provisional disposition registration was completed even

[Ground] Facts without dispute, Gap's evidence, Gap's evidence Nos. 3, Gap's evidence No. 4-1 to 3, the purport of the whole pleadings

2. Judgment as to the main claim

A. On April 27, 2011, the Plaintiffs are issued a promissory note of KRW 165 million, which is paid out from the Red Industry, and hold the relevant bonds.

On June 2013, Hong Industries entered into a pre-sale agreement with Defendant MS and entered into a provisional registration of the right to claim ownership transfer.