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(영문) 대구지방법원 포항지원 2018.10.26 2018가합10352
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C, a personal entrepreneur operating a housing construction business under the name of “K”, including the developments leading up to the purchase of the instant land, purchased the instant land from L on November 23, 2015 in order to construct a main complex building on the instant land, and completed the registration of ownership transfer on the said land on November 26, 2015. (2) C borrowed KRW 2.4 billion from M&A on November 26, 2015, and paid KRW 2.4 billion to L as part of the purchase price.

3) C around that time, N Co., Ltd. (hereinafter “N”).

(B) On the ground of the instant land, the construction of the instant main complex building was ordered. (b) On August 19, 2016, C borrowed KRW 1 billion from the Plaintiff (hereinafter “the instant loan”) and agreed to repay KRW 1.3 billion to the Plaintiff by May 30, 2017 (hereinafter “instant debt repayment agreement”); and on the same day, C accepted that it borrowed KRW 1.3 billion from the Plaintiff on August 19, 2016, and agreed to pay KRW 1.3 billion to the Plaintiff by May 30, 2017; and (c) on the same day, C concluded that it borrowed KRW 1.3 billion from the Plaintiff on May 30, 2017, with the delayed payment amounting to 25% per annum to the Plaintiff by May 30, 2017.

2) At the time of the conclusion of the instant debt repayment contract, the instant land was set up, in addition to the right to collateral security and superficies under the name of M Union, the right to collateral security, Q2-mortgage, and the maximum debt amount of KRW 100 million, respectively. C) on August 23, 2016, with regard to the instant land as part of the loan amount, as set forth in the instant loan amount, each of the collateral security obligations against P and Q.

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