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(영문) 청주지방법원 2015.02.04 2013가합4163
사해행위취소
Text

1. As of November 10, 2010, concluded between Defendant B and D with respect to each real estate listed in the separate sheet; and

Reasons

1. Basic facts

A. A. From August 20, 2008 to June 15, 2010, D borrowed KRW 577,350,000 from E several times. 2) On November 14, 2009, the Plaintiff entered into a contract for the acquisition of claims from E to acquire KRW 500,000,000 out of the above loan claims against E from E., and E sent to D on December 2, 2009 by way of content-certified mail, and the above notice of assignment of claims reaches D around that time.

3) On December 21, 2009, the Plaintiff filed an application with Daejeon District Court for a payment order with D as the Daejeon District Court 2009 tea15051 on December 21, 2009, and on January 22, 2010, “D shall pay to the Plaintiff 50 million won and the amount equivalent to 20% per annum from the day after the original copy of the payment order is served to the day of complete payment” (hereinafter “instant payment order”).

(B) The instant payment order was issued. The instant order became final and conclusive as it was not filed after D was served with the original copy of the payment order. (B) The instant real estate was completed on or around December 31, 2010, and D completed registration of initial ownership on or around December 31, 2010.

2) D) On December 31, 2010, with respect to the instant real estate on December 31, 2010, the South Cheongju Credit Union (hereinafter “the South Cheongju Credit Union”).

(3) On December 31, 2010, D completed the registration of creation of a mortgage over each of the “debtor D, D, 196,000,000 won” and “140,000,000 won with the maximum debt amount.” On December 31, 2010, D, as joint collateral, is the husband of the debtor GD and the representative director of H Co., Ltd, who is employed by D as auditor, with the third priority of “1,170,000,000 won with the maximum debt amount.”

4 D shall be the real estate of this case to Defendant B.

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