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(영문) 서울북부지방법원 2015.07.21 2014나5485

사해행위취소 및 근저당권말소

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On March 18, 2011, the Plaintiff entered into a labor contract with D (hereinafter “D”) on the business of allowing a contract to purchase each real estate listed in the separate sheet owned by D (hereinafter “each of the instant real estate”) under the condition that D wishes to purchase each of the instant real estate (hereinafter “instant real estate”).

B. On October 16, 2008, with respect to each of the instant real property owned by E, the establishment registration of a neighboring mortgage with the debtor E, the mortgagee F, the maximum debt amount of KRW 200 million was completed, and on the same day, the establishment registration of a neighboring mortgage with the debtor E, the mortgagee G, and the maximum debt amount of KRW 200 million was completed, and on March 22, 2011, with respect to each of the instant real property owned by E, the additional registration of each of the aforementioned secured mortgages with the mortgagee D was completed.

(F) The right to collateral security transferred from the name of F to D is “the first collateral security in this case”; the right to collateral security transferred from G to D is “the second collateral security in this case”; and each of the above rights to collateral security in this case “the two rights to collateral security in this case” is “the respective rights to collateral security in this case”).

On the other hand, on October 18, 2011, the registration of provisional injunction was completed by creditors D who have the right to preserve one-half of each of the instant real estate as the right to claim for ownership transfer registration, and on February 19, 2013, the provisional attachment of each of the above additional registrations in the name of D as to the real estate stated in the attached list No. 1 as to the Plaintiff and the claimed amount of KRW 150 million was completed.

H resigned from the representative director of D on March 20, 2012, and registered the wife as the representative director, but the management of D continued by H.

E. D and H performed the instant labor contract in good faith with the Plaintiff on April 12, 2013. D and D were not able to purchase each of the instant real estate due to the lack of funds, and subsequent changes in the purchase price of land was not attributable to the Plaintiff, but were 10 million won with remuneration.