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(영문) 광주지방법원목포지원 2017.08.24 2015가단4816
사해행위취소
Text

1. As to the real estate listed in the Schedule 1 and machinery and apparatus listed in the Schedule 2:

A. Defendant B and B.

Reasons

1. Basic facts

A. Co., Ltd. (hereinafter “B”) around July 2, 2013, the Plaintiff entered into a contract for construction.

(C) from “C”, the “production of Blocks by production design” (hereinafter “instant construction”).

(2) From August 1, 2013 to November 30, 2013, the construction period of construction was set at KRW 800 million, and the construction work was completed before December 31, 2013. (2) The Plaintiff filed a lawsuit against B seeking payment of the construction cost as the 2014Kadan3557 against B who did not make payment of part of the construction cost of the instant case. On March 20, 2015, the said court decided to recommend settlement that B pay KRW 89,00,000 to the Plaintiff, and the said decision became final and conclusive thereafter.

B. B’s disposal disposition 1) B is the real estate listed in the attached Table 1 List since November 1, 2012 (hereinafter “instant real estate”).

) Machines and apparatus listed in the separate sheet 2 and the separate sheet 2 (hereinafter “instant machines and apparatus”).

B) On July 2, 2013, Han Bank Co., Ltd. did not possess any property other than the instant real estate and the instant machines and appliances. (2) On July 2, 2013, Han Bank, the establishment registration of the instant real estate and the instant machines and appliances was completed with respect to the right to collateral security of KRW 1,920,00,000 (hereinafter “priority collateral security”).

(3) B) On August 13, 2013, the right to collateral security (hereinafter “instant right to collateral security”) between the Defendant and the Defendant with respect to the instant real estate and the instant machinery and apparatus, the maximum debt amount of which is KRW 300,000,000,000.

(4) On April 4, 2014, B entered into a pre-sale agreement on the instant real estate and the instant machinery and appliances (hereinafter “instant pre-sale agreement”) with the Defendant on April 4, 2014, and on the same day, B completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) on the same day, and thereafter on May 4, 2014, the Defendant was 1,90,000,000 won.

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