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(영문) 서울중앙지방법원 2017.09.01 2016가단128788
사해행위취소
Text

1. As to the real estate listed in the separate sheet No. 1 between the Defendant and C:

(a) Trade reservation entered into on May 23, 2016 and trade reservation entered into on June 2016.

Reasons

1. Basic facts

A. On February 20, 2014, the Plaintiff applied for a payment order against C and D with the Seoul Eastern District Court 2014 tea925, and received a payment order from the above court that “C and D jointly pay KRW 200 million to the Plaintiff,” and the said payment order was finalized on March 14, 2014.

B. On May 23, 2016, C entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the Defendant regarding the real estate listed in the separate sheet No. 1 (hereinafter “instant apartment”), and concluded a provisional registration for the right to claim transfer of ownership (hereinafter “instant provisional registration”) with the Defendant on June 8, 2016, and concluded a pre-sale agreement with the Defendant on June 16, 2016 (hereinafter “instant contract”). On June 16, 2016, C concluded a pre-sale agreement with the Defendant regarding the right to claim transfer of ownership (hereinafter “instant provisional registration”). On the same day, C completed the pre-sale mortgage registration (hereinafter “mortgage registration”).

C. At the time of the instant promise to sell and purchase and the instant contract, the apartment of the instant case is located, and the market price is KRW 1.675 million.

On June 14, 2016, E apartment reconstruction association of this case (hereinafter referred to as the “ reconstruction association”) provisionally attached KRW 405,077,938 with the bonds of KRW 405,07,938 as to the apartment of this case. One Capital Capital Co., Ltd. (hereinafter referred to as “one Capital”) provisionally attached the bonds of KRW 173,564,530 with the bonds of KRW 173,530 on July 21, 2016. The above obligations against C to one Capital Capital are the sale price liability, and the above obligations against one Capital Capital are damages for delay due to delay of KRW 390,000.

E. On May 20, 2016, Han Bank created the right to collateral security of KRW 120 million with the maximum debt amount and KRW 396 million with respect to the instant apartment. The actual secured debt amount of the said right to collateral security is KRW 430 million with the aggregate amount of KRW 430 million.

One Capital shall be the right to collateral security of KRW 57 billion with the maximum debt amount of the same day.

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