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(영문) 서울동부지방법원 2014.06.27 2013가합16068
사해행위취소
Text

1. The part concerning the claim for cancellation of the contract to establish a mortgage among the lawsuit of this case is dismissed.

2. On August 26, 2013 between E and Defendant C.

Reasons

1. The following facts for fact-finding are not disputed between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each of the statements in Gap evidence Nos. 1 to 5.

The lease agreement between the plaintiffs and E was jointly operated by the Iwa Holdings located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as the "this case"), and the plaintiffs entered into a lease agreement between the representative F and the Iwa Holdings as of September 28, 2012, with the term of lease of KRW 220 million, and the term of lease from September 29, 2012 to September 28, 2014 (hereinafter referred to as "the lease of this case"). E, F, and G jointly issued promissory notes (hereinafter referred to as "the Promissory notes of this case") with the plaintiffs on September 28, 2012, and then signed a lease agreement with the above plaintiffs on September 17, 2012.

B. On October 18, 2012, the Daejeon Commemorative Association (hereinafter referred to as the “Seoul Northern Commemorative Association”) issued a preliminary notice of compulsory execution against the instantweking, a real estate delivery compulsory execution against F with respect to the instantweking on October 18, 2012. On September 24, 2013, the said court execution officer sent the Plaintiffs a preliminary notice of compulsory execution of real estate delivery to the creditors by the judgment with executory power (decision) No. 2012, Jan. 181, 2013. The said court execution officer sent the Plaintiffs a preliminary notice of compulsory execution against the real estate delivery, which read, “Syking Commemorative Association” by September 30, 2013, the third party's order to voluntarily deliver the instantweking to the Plaintiff on September 27, 2013, and thus, the Plaintiffs sent the instant preliminary notice of compulsory execution by September 30, 2013.”

C. E’s disposal of the instant real estate is not more than the real estate indicated in the attached real estate list to Defendant C on August 26, 2013.

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