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Reasons
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(영문) 수원지방법원 2018.01.26 2016나71416
사해행위취소
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 29, 2010, the Plaintiff filed a lawsuit against B with the Seoul Central District Court and sentenced “B shall pay to the Plaintiff 81,275,033 won and 81,274,914 won with 15% interest per annum from March 15, 2010 to April 9, 2010, and 20% interest per annum from the next day to the date of full payment.”

The above judgment became final and conclusive around that time.

B. B had the maximum debt amount of KRW 150,00,000, the right to collateral security (hereinafter “instant right to collateral security”) and the right to collateral security, as to the real estate listed in the separate list owned by E Co., Ltd. (hereinafter “E”) (hereinafter “E”), and the Defendant subsequently completed the additional registration of the right to collateral security prior to the transfer of the instant right to collateral security (hereinafter “instant transfer agreement”). On May 16, 2013, B transferred the aforementioned right to collateral security and the right to collateral security to the Defendant on the same day.

C. At the time of the instant transfer contract, the financial status of B except the instant collateral security claim is indicated in the following table.

The debt amount of 50,00,000 of the maximum debt amount of the non-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed land of 18,178,00,000 for 19,97,000 national tax 4's 80,178,000 national tax and 838,000,000 national tax against the debt amount of 3,838,000,0007 Samsung F, G, H, and I with respect to each land of 2,597,000,000,000 for 2,597,000,0000,0000 and 160,0000,000,0000,000,00031,631,604,0061,64,0064,0616,060

D. As to the instant real estate, the auction procedure was conducted in the case, D(dupl) of the Suwon District Court, which had been in progress.

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