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(영문) 수원지방법원 2015.08.20 2014가단74045
사해행위취소 등
Text

1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant B are all dismissed.

2...

Reasons

1. The parties' assertion

A. On July 1, 2014 due to Plaintiff D’s negligence, five units of the Plaintiff-owned factory building were destroyed by fire, and the Plaintiff has a damage claim equivalent to KRW 301,927,171 against D.

However, on July 15, 2014, D entered into a sales contract with Defendant B on the real estate listed in the separate sheet (hereinafter “instant real estate”) as its sole property (hereinafter “first sale contract”) and completed the registration of ownership transfer under Defendant B’s name (hereinafter “first sale contract”) on July 30, 2014 by the head of Suwon District Court and the registration office of the head of Suwon District Court (hereinafter “the instant first sale contract”). On August 25, 2014, Defendant B entered into a sales contract with Defendant C on the instant real estate (hereinafter “second sale contract”) and completed the registration of ownership transfer under Defendant C’s name (hereinafter “second sale registration”).

In other words, on September 3, 2014, Defendant C concluded a mortgage agreement with Defendant NongHyup Co., Ltd. regarding the instant real estate (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 70,80,000 regarding the instant real estate, and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with the head of Suwon District Court No. 27084, Jun. 3, 2014.

Since the 1st sales contract of this case constitutes fraudulent act and the defendants' bad faith is presumed, the 1st sales contract of this case must be revoked, and the 12th sales contract of this case should be restored to its original state, and the registration of establishment of the 12th sales contract of this case

Preliminary, the registration of the establishment of a neighboring mortgage in the name of a national bank, which was established on the instant real estate prior to the instant sales contract, was cancelled on July 30, 2014 as repayment of KRW 19,822,182, and the value of the instant real estate was KRW 95,00,000,000, the instant sales contract was within the limit of KRW 75,17,818.

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