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(영문) 서울서부지방법원 2019.01.23 2013가합10185

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Around July 2007, the Defendants’ Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor’s Intervenor newly opened and operated the R Center equipped with a terter, indoor skiing ground, golf driving range, and physical fitness training center (hereinafter “instant sports center”). The instant sports center was conducted with the sports center operation and a golf driving range operation, and the sports center was conducted on the 1-3rd and upper floors above the sports center’s ground, the indoor skiing ground on the 2-4th and fourth floor below the sports center, and the golf driving range and physical fitness center in the golf driving range operation.

Within the sports center of this case, each movable or software listed in the attached list (hereinafter “each movable of this case”) was established and used.

The Plaintiff’s assistant intervenor acquiring the instant sports center through the public auction procedure obtained a loan of KRW 130 billion (hereinafter “the instant loan”) from T Bank, U.S. Federation, and VS (hereinafter “SP”) on October 16, 207. The Plaintiff’s assistant intervenor obtained a loan of KRW 130 billion (hereinafter “the instant loan”). At that time, the Plaintiff’s assistant intervenor owned the Defendants’ assistant sports center’s land for security purposes, 2,977.94/7/84, 84,526.7/7 of the remainder of the site of the instant sports center, 81,548.76/10 of the site of the instant sports center and the sports center’s land ownership was registered with the consent of the sports center and driving range on October 31, 2007, and the sports center’s land division of the entire land and the remainder of the sports center’s No. 87-dong and the sports center’s No. 4 (hereinafter “No. 5”).

B Y Co., Ltd. (hereinafter referred to as “Y”), and the lender was designated as the first priority beneficiary.

As the supplementary intervenor of the Defendants failed to repay the instant loan, the public auction procedure was conducted for the instant land and building by Y, and the Plaintiff (the Plaintiff Co., Ltd. prior to the modification) on August 2009 in the said public auction procedure.