beta
(영문) 서울중앙지방법원 2017.02.17 2015가합508780

사해행위취소

Text

1. Of the instant lawsuit, the real estate in paragraph 2 of the attached Table 1 is related to February 21, 2014 and paragraph 3 of the same list.

Reasons

1. Basic facts

A. On August 23, 2010, Switzerland Savings Bank (former trade name: future 2 Savings Bank; hereinafter “Sma Savings Bank”) lent KRW 3 billion to the Geum River Housing (former trade name: AWWWWWson), which operates housing construction sales business, etc. (former trade name: AWWWson).

(b) The same year in cases of Geum River houses;

9. On May 30, 201, after purchasing the Z or AB apartment in the Z or AB apartment (277 apartment units, the registration of ownership preservation of which was completed on November 4, 2005; hereinafter “instant apartment”) and completing the registration of ownership transfer on May 30, 201, the apartment sales project was conducted with approval for use.

C. The term of loans has been extended through the repayment of the said loans with the sale price received from the buyer in lots, and on February 23, 2013, it entered into a credit transaction change agreement with the Smaman Savings Bank to extend the maturity of KRW 118 million (8% per annum) to August 23, 2013.

On May 10, 2013, the Swiss Savings Bank established a joint collateral mortgage (hereinafter “joint collateral mortgage of this case”) with the second priority on three real estates, including 102, 105, 1105, 1107, 1205, 1207, 1307, 1307, and 1307, and the second priority on three real estates, including 102, 1407, 1502, and 1504, the maximum debt amount of KRW 1.53,40,000,00 for the above first priority six real estates on December 5, 2013. The Bank received dividends of KRW 683,702,221 on September 4, 2014.

The Swiss Savings Bank was declared bankrupt on April 29, 2014, which was in the process of the above auction procedure, and the plaintiff was appointed as a trustee in bankruptcy.

E. Meanwhile, on May 14, 2013, Geum River completed the registration of the right to claim ownership transfer on April 30, 2013 of the attached Table 1 with respect to the real estate in the instant apartment to Defendant X, as indicated in the attached Table 2, 4, 8, 11, 24, and 33 among the instant apartment buildings, and the registration of the right to claim ownership transfer on the ground of a pre-sale agreement was completed on April 30, 2013. From September 5, 2013 to January 2, 2014, the “real estate” column as indicated in the attached Table 2 as “beneficiary”