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(영문) 부산지방법원 2019.05.29 2017가합42985
사해행위취소
Text

1. Defendant D: (a) on September 27, 2017, KRW 40,000 and each of the said amounts to Plaintiff A, Plaintiff B, and C, respectively; and (b) on September 27, 2017.

Reasons

1. Basic facts

A. On June 3, 2015, Plaintiff A invested KRW 50,000,00 in G as Defendant D’s representative from June 3, 2015 to June 2, 2016. (2) Plaintiff B loaned KRW 40,00,000 to Defendant D on September 5, 2015.

3) On July 15, 2015, Plaintiff C invested KRW 40,000,000, around June 11, 2015, including KRW 10,000,000, and Defendant D promised to pay KRW 40,000,000 to Defendant D by the end of May 26, 2016 (i.e., the said amount of investment but the said amount of investment was received from 30,000,00,000) from 20,000 won to 30,000 won, and (ii) from 10,000,000 won to 10,000 won to 20,000 won to 10,000 won to 20,000 won to 20,000 won to 20,000 won to 10,016,000 won to 20,000 won to 10,016.

B. Defendant D’s disposal act 1) On June 9, 2015, Defendant D entered into a mortgage agreement on the instant real estate owned by Defendant D (hereinafter “first mortgage agreement”) with Defendant E as to the instant real estate.

(C) On June 10, 2015, Defendant E concluded a registration to establish a neighboring mortgage (hereinafter “registration to establish a neighboring mortgage”) consisting of the maximum debt amount of 250,000,000 won for the establishment of the said real estate.

(2) On June 9, 2015, Defendant D concluded a mortgage agreement regarding the instant real estate owned by Defendant F with Defendant F (hereinafter “second mortgage agreement”).

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