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(영문) 울산지방법원 2015.11.26 2015가합20526
사해행위취소
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

[Ground for recognition: Facts without dispute; evidence No. 1-2; evidence No. 2-1, 2, 2-3; evidence No. 3-1, 2, 3; evidence No. 4; evidence No. 10-1 through 18; evidence No. 1-6; evidence No. 5; evidence No. 2-1, 2, 3; evidence No. 3; evidence No. 5-1, 2, 3; Eul No. 4-1, 2, 3; and 5-1, 5-2, 5; evidence No. 6-1 through 4; evidence No. 7-1, 2, 3; evidence No. 8-1, 3; evidence No. 9-1, 2, 3-2, 3-1, 3-1, 3-2, 3-2, 3-1, 3-5;

A. On August 26, 2009, Plaintiff A agreed to purchase KRW 202,00,000 from P Co., Ltd. (representative director: Q) for the unit purchase price of KRW 193,50,000, the unit purchase price of the unit purchase price of the unit purchase of the unit purchase price of the unit purchase price of KRW 304 from the above P Co., Ltd. on December 2, 2009.

B. According to each of the above sales contracts, Plaintiff A completed the registration of ownership transfer as the Ulsan District Court No. 4766, Jan. 18, 2010 regarding the above apartment No. 902, and Plaintiff B as the Ulsan District Court No. 8220, Feb. 2, 2010 regarding the above apartment No. 304.

C. Meanwhile, each of the above apartments was completed with the registration of creation of a mortgage on each maximum debt amount of KRW 161,980,000, the Saemaul Bank of Korea-gu, and the debtor P (as to the above apartment building No. 902: Ulsan District Court, Aug. 26, 2009; No. 54818, Aug. 26, 2009; No. 54802, Aug. 26, 2009; hereinafter “the registration of creation of a mortgage of this case”); in relation to this, the representative director Q of the P P, on May 18, 2013, issued each written registration of establishment of a mortgage with the repayment of the maximum debt amount and interest of each of the above mortgages to the plaintiffs by June 10, 2013 (the portion of interest in arrears shall be repaid by May 23, 2013).

Pursuant to the purport that Q Q’s wife S and Q’s O are jointly and severally guaranteed by the Plaintiffs’ obligations based on Q Q’s respective documents on the same day.

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