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(영문) 부산지방법원 2015.10.20 2015가단6629

사해행위취소

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's claim against the defendant C and D is dismissed, respectively.

3...

Reasons

1. Basic facts

A. The Plaintiff’s loan claim 1) filed a lawsuit on January 16, 2014 with the Busan District Court; the Plaintiff leased KRW 171,802,300 in total to E during the period from January 5, 2004 to June 21, 2012; and then, the Plaintiff was paid KRW 15 million out of the loan balance (= KRW 156,802,300 in total) and damages for delay (= KRW 171,802,300 in total) against the Plaintiff. Accordingly, the Plaintiff filed a lawsuit on the loan claim with the ground that the Plaintiff is liable to pay the loan balance (hereinafter “instant loan claim against the Plaintiff”).

(2) On November 27, 2014, Busan District Court rendered a judgment citing both the Plaintiff’s above claims.

(Court 2014Gahap904). (b)

E Property Disposal 1) E means Defendant B’s real estate (hereinafter “instant 1, 2 real estate”) indicated in the attached list No. 1, 2, as indicated in the list owned by him/her.

(2) On October 2, 2013, Busan District Court Decision 68568, the provisional registration of the right to claim the transfer of ownership was completed on the basis of the pre-sale agreement (hereinafter “instant provisional registration”). 2) Subsequent to the completion of the provisional registration of the right to claim the transfer of ownership on October 2, 2013, E had the Defendant C complete the registration of the establishment of the mortgage on the instant real estate with the maximum debt amount of KRW 80 million on the ground of the pre-sale agreement as of July 9, 2014, No. 42539, Jul. 8, 2014, the Busan District Court Northern District Court Decision 42539, Jun. 9, 2014, the establishment of the mortgage on the instant real estate was completed on the basis of the pre-sale agreement (hereinafter “the initial mortgage agreement”). In addition, the establishment of the mortgage on the instant real estate was accepted to the Defendant D as the maximum debt amount of KRW 130,145,2000.3