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(영문) 부산지방법원 서부지원 2018.03.30 2017가단104819

사해행위취소

Text

1. The sales contract concluded on March 14, 2016 between the Defendant and Nonparty N on the real estate listed in the separate sheet (2) is 73,025.

Reasons

1. Basic facts

A. The Plaintiffs’ claims, such as the Plaintiffs’ overdue wages, are the employees retired from office around April 2016, when they worked in the “O” of a ship manufacturing company operated by Nonparty N, and the total details of wages and retirement allowances for each Plaintiff, which was not paid by N, are as shown in the attached Table (1).

B. The real estate (hereinafter “instant real estate”) indicated in the attached list (2) of the attached hereto, which was owned by the preceding right to collateral security, the instant sales contract, and the subsequent right to collateral security 1)

(2) On September 13, 2012, the Defendant, who was the branch of March 14, 2016, sold the instant real estate as KRW 150 million (hereinafter “instant sales contract”) and completed the registration of ownership transfer under the Defendant’s name on March 15, 2016, with the maximum debt amount of KRW 65,00,000, and KRW 52,000,000, which was the maximum debt amount of KRW 52,000.

3) On March 31, 2016, the Defendant completed the registration of change of each right to collateral security on the ground of acceptance of a contract with the Defendant on the same day. On the other hand, the Defendant completed the registration of establishment of collateral security at the end of KRW 39,00,00 with the Defendant’s obligor, the maximum debt amount, and KRW 163,025,00 with the Defendant as the mortgagee. Based on the situation around March 2016 at the time of the instant contract between the Defendant and N, active property owned by N was due to the instant real estate (appraisal amounting to KRW 163,025,00). On the other hand, the obligation as a passive property was a debt with the Plaintiff’s wage, etc. (104,693,756, KRW 90,000,000 with the prior collateral security obligation against the Defendant’s employees including the Plaintiffs, and KRW 161,260,000 with respect to the Defendant’s agricultural cooperative.