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(영문) 대구지방법원 2018.10.18 2017가합208090

사해행위취소

Text

1. It was concluded on October 20, 2016 between the defendant and the stock company as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On December 10, 2015, the Plaintiff Company B (hereinafter “B”) on December 10, 2015.

B) On May 25, 2016, the Plaintiff concluded a construction design agreement with respect to the construction of the Daegu Suwon-gu E Housing as KRW 390,000 (excluding value-added tax) and entered into a construction design agreement with the Plaintiff. Since the Plaintiff completed the construction design in accordance with the said construction design agreement, the Plaintiff obtained the approval of the housing construction project plan from the Sung-gu Office of the Daegu Metropolitan City on May 25, 2016, the Plaintiff was not paid the remaining service cost from B, and the Plaintiff filed an application for the payment order against B (Seoul District Court Decision 2017 tea5871), claiming damages for delay from May 26, 2016 (Seoul District Court Decision 2017 tea5871), and the said payment order was finalized on December 12, 2017.

B. On October 20, 2016, the Defendant and B entered into a mortgage contract regarding each of the instant real estate as a joint collateral with each of the real estate indicated in the attached Table (hereinafter “each of the instant real estate”) and the F. 2,003 square meters in G, G, 217 square meters in H, and 424 square meters in H, as the joint collateral (hereinafter “the instant three parcels”) with regard to each of the instant real estate as the collective collateral (hereinafter “instant mortgage contract”). On the same day, the Defendant and B entered into a mortgage contract with regard to each of the instant real estate and completed the registration of the establishment of a mortgage (Seoul District Court’s registration No. 168379, Oct. 20, 2016; hereinafter “instant mortgage registration”).

C. The progress of the auction on each of the instant real estate and the objection to distribution 1) The Daegu District Court C and D (Dupl) auction procedure on each of the instant real estate (hereinafter “instant auction procedure”).

(2) On October 18, 2017, the date of distribution of the instant auction procedure, the registration of the establishment of the instant neighboring real estate was cancelled. 2) On October 18, 2017, the execution court revoked the registration of the establishment of the instant neighboring real estate at KRW 4,016,00,000.