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(영문) 서울중앙지방법원 2015.04.17 2013가단137293
사해행위취소 및 배당이의
Text

1. On April 10, 2012, the real estate indicated in the separate sheet between the Defendant and H Housing Redevelopment Cooperatives was concluded.

Reasons

1. Facts of recognition;

A. 1) The appellate court (Seoul High Court 2001Na30126) filed a lawsuit against the Plaintiff, 65 members of the instant association, including Plaintiff H Housing Redevelopment Association (hereinafter “the instant association”) to claim restitution of unjust enrichment against the Plaintiff, B, F, and the Network J, etc. (Seoul High Court 2001Na30126) on April 24, 2002, “the cooperative shall pay the Plaintiff 10,16,617 won and its related expenses from July 4, 1995 to the Plaintiff 8,98,352 won and its related expenses from August 31, 1999 to the Plaintiff 12,04,912 won, and from December 1, 1995 to October 25, 2005 to April 24, 2005, each of them shall be paid with the Plaintiff 12,004,912 won, and from the following day to October 25, 1995.

(2) Plaintiffs C, D, and E are the successors of the deceased J.

B. 1) The instant association’s act of disposing of the property of the instant association 1) on April 10, 2012, the real estate indicated in the separate sheet (hereinafter “instant apartment”) between the Defendant and the Defendant.

As to the maximum debt amount of KRW 20,000,000, and the mortgage establishment contract with the debtor association and the mortgagee as the defendant (hereinafter “mortgage establishment contract of this case”).

(2) On August 17, 2006, the instant association was dissolved on April 10, 2012 by the Seoul Central District Court registry No. 80304, and the establishment registration of a mortgage was completed to the Defendant. (2) At the time of the conclusion of the instant mortgage contract, the instant association was dissolved on August 17, 2006, and there was no particular property other than the instant apartment, while it was in excess of the obligation already borne by its members, including the Plaintiffs.

C. On May 9, 2012, K, a creditor of the instant apartment, filed an application for a compulsory auction with Seoul Central District Court I for the instant apartment on May 9, 2012, and the auction procedure was commenced (hereinafter “instant case”).

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