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(영문) 대구지방법원 2017.10.18 2016가단42258
사해행위취소등
Text

1.(a)

The sales contract concluded on March 1, 2016 between C and Defendant A with respect to the real estate of paragraph (1) of the attached list between C and Defendant A is 69.

Reasons

1. On July 2015, as the contractor of a large-household house located in Daegu-gu D (hereinafter “multi-household house in this case”), C is a joint and several surety for the price of ready-mixed for the Plaintiff of E Co., Ltd., and the Plaintiff supplied 37,371,890 won to E Co., Ltd. from July 6, 2015 to April 8, 2016.

C was transferred as payment in kind by the F, the owner of the instant multi-household housing, the real estate in the separate sheet No. 1 and No. 2 (hereinafter “instant real estate and No. 2”) in the name of the construction cost for the instant multi-household housing.

C Of them, on March 1, 2016, the Daegu District Court completed the registration of ownership transfer under the name of Defendant A, ASEAN, as the receipt of No. 15613, Sept. 28, 2016, on the ground of sale and purchase.

At the time, the transfer value of real estate No. 1 at the time is 200,000,000 won.

C concluded a sales contract with Defendant B on May 28, 2016 with regard to the instant real estate as KRW 200,000,000, and completed the registration of ownership transfer under the Daegu District Court’s registration No. 99058, Jun. 22, 2016; Defendant B completed the registration of ownership transfer under the Daegu District Court’s registration No. 172917, Oct. 27, 2016 with respect to the said real estate by means of sale on October 25, 2016.

As to the real estate No. 1 of this case, on June 10, 2016, the registration of the establishment of a mortgage was cancelled on September 30, 2016, when the debtor F, the mortgagee’s monthly credit union, the maximum debt amount of KRW 195,650,00, and the establishment of a mortgage was completed in the name of the defendant A.

At the time, the actual amount of secured debt of the right to collateral security is KRW 130,500,000.

As to the second real estate of this case, on June 10, 2016, the registration of the establishment of a mortgage was completed on June 22, 2016 with the debtor F, the mortgagee’s credit union, and the maximum debt amount of KRW 172,90,000.

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