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(영문) 대구지방법원 2017.05.25 2016가합205155

약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. (1) On June 26, 2013, the lower court sentenced the Defendant to pay KRW 8,635,123,626 to the Defendant and delay damages therefor, and the lower judgment became final and conclusive around that time. In so doing, the lower court did not err by misapprehending the legal doctrine on the claim against the Defendant for acquisition of the right to claim for transfer money as the Seoul Northern District Court 2012Gahap21864 (hereinafter “Non-Party Company”).

On October 30, 2013, the Defendant concluded a mortgage agreement with the non-party company on the building newly constructed in Daegu North-gu D (hereinafter “instant building”) and completed the registration of the establishment of a mortgage over KRW 10 billion to the creditor, the debtor, the non-party company, and the maximum debt amount.

(2) Meanwhile, on November 21, 2013, E, a creditor of the non-party company, filed a lawsuit seeking revocation of the fraudulent act against the Defendant on the ground that the aforementioned mortgage agreement between the Defendant and the non-party company constituted a fraudulent act under the Daegu District Court Decision 2013Ga10912, supra.

On May 15, 2014, the lower court rendered a judgment revoking the aforementioned contract for establishing a collateral security on the ground that only the part exceeding the maximum debt amount of KRW 2,059,348,009 constitutes a fraudulent act, and rendered a judgment of revocation. On January 28, 2015, the lower court rendered a judgment of revocation and cancellation of the registration on the ground that the entire contract for establishing a collateral security constituted a fraudulent act on the ground that the entire contract for establishing a collateral security constituted a fraudulent act (Seoul High Court 2014Na2618) was pending in the final appeal (Supreme Court Decision 2015Da19827)

(3) On October 29, 2013, with respect to the instant building, four auction procedures (hereinafter “instant auction procedures”) overlap since the commencement of the compulsory auction procedure to the Daegu District Court F upon the application of the creditor of the non-party company on October 29, 2013.