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(영문) 서울중앙지방법원 2016.07.01 2015가단5117731
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. B and the Defendant concluded a mortgage contract with the Defendant on October 16, 2014 (hereinafter “the instant apartment”) with respect to the Gwangju apartment 207 Dong 1201 (hereinafter “the instant apartment”) owned on B, the Defendant concluded a mortgage contract with the maximum debt amount of KRW 136,50,000, B, and the Defendant’s mortgage owner (hereinafter “instant contract”) on the 21st day of the same month, under the receipt of the name of the Suwon District Court Branch Branch Branch of Suwon District Court and the 39382, the registration of the establishment of a mortgage (hereinafter “instant mortgage registration”).

B. Active property (1) as of the time of the instant contract: (a) the aggregate amount of KRW 1,471,031,200 in total; (b) the total market value of 25 households with 4th household units with D 1,471,200 (hereinafter “multi-household housing”) above D 1,000,000 won in total; (c) the aggregate amount of KRW 565,000,000 in the apartment price of this case; (b) the aggregate amount of KRW 6,031,200 in 42 square meters in E-si (hereinafter “instant road”); (2) the aggregate amount of principal and interest of KRW 1,03,143,267 in total; (a) the amount equivalent to KRW 29,475,310 in loans to KB National Bank; and (b) the amount equivalent to KRW 10,000,000 in loans to the amount equivalent to KRW 10,000,39636.

C. Meanwhile, on November 5, 2014, B sold the instant multi-household housing and the instant road to H (hereinafter “instant disposal act”) and on November 11, 2014, the ownership transfer registration under H was completed.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 7, 8, 9-1, 2, 10, 11, 1-1, 2, and 2, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff.

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