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(영문) 수원지방법원안산지원 2016.07.13 2015가단114319

사해행위취소에 따른 가액배상등

Text

1. On April 3, 2015, Defendant Do Forest Construction Co., Ltd and Nonparty C entered into a contract on real estate stated in the separate sheet between Defendant Do Forest Construction and Nonparty C.

Reasons

1. Basic facts

A. The Plaintiff’s claim against Nonparty C (1) around September 17, 2014, Nonparty C entered into a quasi-loan agreement with the Plaintiff on the condition that C borrowed KRW 64,603,700 out of the purchase price of the goods against the Plaintiff of Nonparty D Co., Ltd., the representative director of which C borrowed from the Plaintiff, but that C did not have any interest.

(2) On February 4, 2015, C prepared and executed a notarial deed as to the above quasi-loan agreement to the Plaintiff.

B. C’s disposal of property (1) around April 3, 2015, on the real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated in C’s ownership (hereinafter “Defendant Company”), concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with Defendant Company around April 6, 2015. Around the same month, the Seoul Eastern District Court registered the instant real estate and received the maximum debt amount of KRW 270,000,000 (hereinafter “instant mortgage registration”) with the Seoul East Eastern District Court’s registration and the registration of the establishment of mortgage over the instant real estate at KRW 270,000,000 (270,000, X120/120). According to the Plaintiff’s assertion, the secured debt amount of the instant real estate establishment registration is KRW 225,00,000 (270,000, X100/120).

(2) On August 13, 2015, C entered into a sales contract with Defendant A and B to sell the instant real estate amounting to KRW 630,000,000 (hereinafter “instant sales contract”), and on the same day, C and B completed the registration of the Seoul Eastern District Court with respect to the instant real estate and the registration of the transfer of ownership (hereinafter “instant transfer of ownership”) under Article 62148.

C. (1) On June 7, 2013, the establishment registration was completed over the maximum debt amount of KRW 643,500,000 in the name of ABF Capital, Inc. (hereinafter “ABF Capital”) on the instant real estate as of June 7, 2013. However, the actual secured debt amount at the time of the instant sales contract was principal.