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(영문) 서울남부지방법원 2016.11.24 2015가합103969

사해행위취소

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1. Defendant B shall pay to the Plaintiff KRW 499,813,286 as well as 15% per annum from January 20, 2016 to the date of full payment.

Reasons

Basic Facts

The plaintiff of the parties concerned is the creditor of the defendant B, and the defendant C, D, E, and F are the provisional registration right holders who completed the provisional registration of the right to claim ownership transfer based on each trade reservation with respect to the real estate listed in the separate sheet owned by the defendant B.

On October 14, 2009, Defendant B issued a promissory note amounting to KRW 500 million to the Plaintiff while borrowing money from the Plaintiff, and completed the registration of creation of a collateral in the name of the Plaintiff with the maximum debt amount of KRW 500 million on G-owned Hari-gun of Incheon Metropolitan City (hereinafter “H interest”) or J real estate owned by G, with the maximum debt amount of KRW 100 million.

On August 18, 2010, including the acquisition of real estate listed in the attached list of Defendant B, the decision to commence a voluntary auction was made on the whole of the above HH real estate, and on April 20, 2012, the sale was made to K on July 26, 2013. Defendant B purchased part of the real estate listed in the attached list Nos. 6, 8, and 11 (hereinafter “harbor”) and the real estate listed in paragraph (10), on April 2, 2014, the share of the real estate listed in paragraph (11), on April 25, 2014, the real estate listed in paragraphs (7) and (9) and the remainder of the real estate listed in paragraph (10), respectively.

On September 30, 2014, Defendant B transferred the provisional registration of Defendant D, which was completed on September 24, 2013 due to the purchase and sale reservation, and completed the registration of ownership transfer of Defendant B’s name on the same day.

(1) The Incheon District Court's reinforcement registry office of October 1, 2014 received on October 1, 2014 as a provisional registration based on the purchase and sale reservation of the Defendants, and the provisional registration was completed under the Incheon District Court's Reinforcement registry office of the Incheon District Court No. 11797 received on May 1, 2014 as to each real estate listed in the Schedule No. 7 or 10 on the ground of the purchase and sale reservation as of May 1, 2014, with respect to each real estate listed in the Schedule No. 1, 4, and 5, and the Defendant C completed the provisional registration as of May 1, 2014, respectively.