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(영문) 서울중앙지방법원 2014.11.14 2014가합507285
사해행위취소 등
Text

1. As to each real estate listed in the separate sheet:

(a) (1) Hart Co., Ltd and Defendant Il Steel.

Reasons

1. Facts of recognition;

A. From October 1, 2010 to February 1, 2011, the Plaintiff’s credit against Hart Co., Ltd. supplied to Hart Co., Ltd. (hereinafter “Korea Lart”) with an exhaust cable, etc., but did not receive KRW 187,597,736 out of the price of the goods, and the Plaintiff filed a lawsuit claiming the purchase price against Hart, and the decision of recommending settlement that the said amount of KRW 187,597,736 was to be paid in six installments from April 30, 2012 to July 31, 2013 was finalized.

B. The Republic of Korea Shipping Co., Ltd. (hereinafter “Defendant Il Steel”) on October 21, 2013 for the provisional registration against the Defendants and the establishment of a right to collateral security against the Defendants.

2) As between the two, each of the real estates listed in the separate sheet owned by the Republic of Korea (hereinafter referred to as “each of the instant buildings”)

2) As to the reservation to trade (hereinafter referred to as “instant reservation to trade”)

The provisional registration stated in Section 1-A (2) of the Disposition (hereinafter “the provisional registration of this case”) is concluded.

2) On October 21, 2013, the lower court concluded a mortgage contract with respect to each of the buildings of this case (hereinafter “mortgage 1”) as to each of the buildings of this case and ordered No. 1-B.

(2) On November 15, 2013, B completed the registration of creation of a neighboring mortgage (hereinafter “the registration of creation of a neighboring mortgage”) as indicated in paragraph (1), and B transferred the first right to collateral to the Defendant Hochi Cable Co., Ltd. (hereinafter “Defendant Hochi Cable”) and completed the supplementary registration of the transfer of the right to collateral security on November 15, 2013.

3) On October 21, 2013, Native Security Contract with Defendant A regarding each of the instant buildings (hereinafter “Secondary Security Contract”) is a contract establishing a right to collateral security with regard to each of the instant buildings.

(2) The registration of the establishment of a neighboring mortgage mentioned in Section 1-C (2) of the Disposition (hereinafter referred to as the “registration of the establishment of a neighboring mortgage of Section 2”).

4) Daehan has completed the registration of initial ownership relating to each of the buildings of this case.

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