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(영문) 서울북부지방법원 2015.04.22 2013가합22687
사해행위취소
Text

1. The sales contract concluded on February 10, 2013 between the Defendant and C is KRW 3,77,840.

Reasons

1. Facts of recognition;

A. The Plaintiff is the last holder of a promissory note issued on July 25, 2012 at the face value of KRW 50,000,000 issued on July 25, 201, and on October 31, 2012, and C is the second endorser.

B. As the Plaintiff presented a payment proposal at the payment date of the above bill at the payment date, but did not pay the bill as non-transaction, the Plaintiff applied for a payment order to the endorser C on December 13, 201 and received an order to pay “50 million won per annum from November 1, 2012 to the delivery date of the original copy of the instant payment order, 6% per annum from the next day to the date of full payment, and 20% per annum from the next day to the date of full payment (Seoul Central District Court 2012 tea81418),” and the above payment order was finalized on January 11, 2013.

C On September 24, 2013, upon filing a lawsuit against the Plaintiff, the said court 2013da256309, brought an objection against the claim for the payment order, but was sentenced to a judgment against the Plaintiff on July 11, 2014.

C. On February 10, 2013, C sold to the Defendant real estate listed in the separate sheet owned by C (hereinafter “instant apartment”) and completed the registration of ownership transfer stated in the purport of the claim on March 8, 2013.

hereinafter referred to as "the sales contract of this case"

(D) On September 29, 2005, among the instant apartment buildings, the registration of creation of a mortgage was completed on September 29, 2005 with respect to only the building (the maximum debt amount of KRW 136 million as of December 21, 2005, changed to KRW 36 million as of December 21, 2005, the debtor C, and one bank for the mortgagee Co., Ltd.). On March 22, 2013, the secured debt amount of KRW 26,222,160 was repaid and revoked on March 29, 2013.

E. As to the instant apartment, the establishment registration was completed on February 4, 2013, the maximum debt amount of KRW 50 million, the debtor D, and the mortgagee E, and on March 19, 2013, the secured debt amount of KRW 40 million was repaid and revoked on April 3, 2013.

F. F. On September 28, 201, F leased the instant apartment from C by setting the lease deposit amount of KRW 210 million and the period from November 30, 201 to November 29, 201.

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