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(영문) 서울동부지방법원 2019.04.24 2017나29783

사해행위취소 등

Text

1. The appeal period against the judgment of the court of first instance shall be the case against the defendant Republic of Korea, Ansan-si, and National Health Insurance Corporation.

Reasons

1. Basic facts

A. On February 5, 2010, G Co., Ltd. (hereinafter “G”) and F drafted a notarial deed stating that a notary public shall, on November 24, 2009, approve that the balance of the purchase price of a vehicle purchased from G is KRW 30 million,000,000,000,000 from G, and that, on November 30, 2010, he/she shall complete the full payment of KRW 20,000,000,000 on November 30, 2013, and that, on delay, a notary public shall pay damages for delay calculated at the rate of 25% per annum for the delayed amount.

B. On November 25, 2009, F created, to G on November 25, 2009, the right to collateral security (hereinafter “the right to collateral security”) on the real estate listed in the [Attachment F] List, which is owned by G (hereinafter “the apartment of this case”) as the secured claim for the above purchase price claim (hereinafter “the instant purchase price claim”).

C. On October 10, 201, G transferred to the Plaintiff the part of KRW 20 million, the maturity date of which comes on November 30, 2013 of the instant sales price claim (it recognizes that the Plaintiff’s repayment period of KRW 20 million, which it acquired from G, is due on November 30, 2013, which is the date of preparation of the distribution schedule, that there was no interest that occurred due to the maturity date at the time of preparation of the distribution schedule), and notified F of the transfer of the said claim on October 20 of the same month, and on November 16, 2011, the Plaintiff completed the transfer registration on the ground of “transfer of contract on October 11, 201.”

On the other hand, Defendant B entered into a lease agreement (hereinafter “instant lease agreement”) with F on December 15, 2012 with respect to the instant apartment without rent, setting the lease deposit of KRW 20 million from December 24, 2012 to December 23, 2013, and entered into the move-in report and the fixed date registration on December 20, 2012, and entered into the instant apartment on December 25, 2012.

With respect to the apartment of this case, I is called I corporation(hereinafter referred to as "I").

In priority over the right to collateral security of this case, 160,200. < Amended by Presidential Decree No. 17585, Apr. 5, 2007>