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(영문) 대구지방법원포항지원 2014.09.25 2013가단9923
사해행위취소
Text

1. As to the real estate stated in the attached list No. 1 to the Plaintiff:

A. Defendant B entered into on January 25, 2013 with E.

Reasons

1. Basic facts

A. F around November 20, 1997, granted 113,00,000 won of the compensation for death of the same student to E-employee villages or G, and requested G to purchase the land. G paid the said money upon request to a licensed real estate agent’s office operated by E- Ha (former name transfer I). H and E purchased the said money with the said money on November 18, 1997, and then completed the registration of ownership transfer in the name of E-on November 20, 1997, by preparing a loan certificate of KRW 113,00,000,000 of the principal to G with the knowledge of the said fact.

B. On August 1, 2008, E sold the above land to K in KRW 167,00,000, but it did not pay the sale price to G or F, and upon being aware of this fact, G knew, on April 8, 2009, E would be the creditor, and on July 30, 201, prepare a confirmation letter stating that H would pay the interest of KRW 1,300,000 to K on every 30th day of the month.

C. Since then H did not pay the above interest, E did not pay the said interest with the lapse of the repayment period, and E resisted against it, E completed the registration of creation of a neighboring mortgage on September 9, 201 with respect to the real estate listed in paragraph (2) of the attached Table of the Ownership List (hereinafter “instant land”) (hereinafter “instant land”).

However, E had previously completed the registration of creation of mortgage on August 12, 201 with respect to the land of this case to Defendant D, the maximum debt amount of KRW 70,000,000, and the establishment of mortgage on the mortgagee D.

E. Meanwhile, in the Daegu District Court L Auction case for the Port Branch L Auction case, the auction was conducted only for the area of 88 square meters in the Northern-gu, Northern-gu, Ma, and the building was excluded from the auction, E is the same day after the registration of initial ownership was completed on February 7, 2013 as to the real estate listed in the attached list No. 1 (hereinafter “instant building”).

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