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(영문) 의정부지방법원고양지원 2019.10.25 2018가합75446

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. The Plaintiff is a purchaser who entered into a sales contract with the network C (A. 29 March 2017), D, and E with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). The Defendant is a person who completed the registration of ownership transfer on September 29, 2017 with respect to the instant real estate.

B. The security trust for the instant real estate and the Defendant’s second priority right to benefit 1) net C, D, and E (hereinafter collectively referred to as “C, etc.”).

(C) The instant real estate was jointly owned by 2/4, 1/4, 1/4 and the instant real estate was jointly owned by F in the name of “F” (hereinafter “instant wedding hall”).

2) On August 22, 2014, a company H (hereinafter “H”) on August 22, 2014, in order to secure a loan obligation to G unions, etc. while jointly operating a business.

(A) A real estate security trust agreement (Evidence No. 45, hereinafter “instant security trust agreement”) between H and the first priority beneficiary as G Association.

(3) The right to benefit of the trust principal shall take precedence over the truster’s right to benefit, even if it falls under any of the following subparagraphs. (1) In the event of a violation of the credit transaction agreement entered into between the beneficiary and the debtor, the trust real estate may be disposed of at the request of the beneficiary, etc.

Provided, That in the event of a failed inspection, it shall be subject to the immediately preceding disposition before the date of next disposition.