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(영문) 광주지방법원순천지원 2015.09.24 2015가합10128

사해행위취소

Text

1. Of the instant lawsuit, as to the real estate stated in paragraph (2) of the attached list of real estate between Defendant B and Defendant C among the instant lawsuit, February 2014.

Reasons

1. Basic facts

A. On June 10, 2013, R&C was loaned KRW 980,00,000 from the Plaintiff at an interest rate of KRW 4.90% from the Plaintiff, and the Plaintiff, as indicated in paragraphs (1) through (12) of the attached Table, withdrawn the lawsuit against Defendant T, 202, 301, and 401, the Plaintiff, as of September 7, 2015, leased KRW 201, 202, 301, and 202, 401.

With respect to the total 14 households, the Plaintiff entered into a contract to establish the right to collateral security for each household with the maximum amount of claims 91,000,000,000, and completed the registration of establishment of the right to collateral security for the first priority

(hereinafter referred to as “instant building”) 201 Dong, 202 Dong, and 202 Dong as stated in the attached list. (b)

The auction procedure against the instant building began on April 11, 2014 to delay interest on the Plaintiff’s obligation for loans. On July 8, 2014, the Plaintiff filed an application for a voluntary auction of real estate regarding the instant building with the claim amount of KRW 1,004,451,880 (interest KRW 24,451,880 on principal amount of KRW 980,000,000) as the principal amount of loan to R, and the decision on voluntary auction was made at the instant court S (hereinafter “auction case”) on July 9, 2014.

C. Before and after the delinquency of the interest on the debt of the instant building, R entered into a lease agreement with the remaining Defendants except Defendant C as indicated below, and Defendant B entered into a sublease agreement with Defendant C as to the instant apartment building 201 Dong102.

From July 14, 2014 to July 17, 2014, the Defendants reported the rights and demanded the distribution of the auction case.

Attached Form

The appraisal of the fixed date deposit on the date of transfer of the contract date of a real estate lessee shall be 1201, A 101, 101, A 101, June 11, 2014, KRW 127,000,000, 2201, B 102, January 14, 2014; KRW 17 million on January 20, 2014; KRW 3201,00,000,000 on February 16, 2014; and KRW 17,000,000,000 on February 15, 2014; and KRW 3201,40,000 on April 24, 2014; and