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(영문) 서울고등법원 2017.03.30 2016나2042945
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. As to each real estate listed in the separate sheet between Defendant B and C.

Reasons

1. Basic facts

A. On April 28, 2009, the Industrial Bank of Korea (hereinafter “Industrial Bank of Korea”) loaned KRW 586 million to the non-party company at the rate of 11% per annum on April 28, 2010, with a loan extended by the non-party company at the interest rate of KRW 586 million on April 28, 2010. The non-party company delayed the performance of its obligations or breached part of its agreement, thereby losing the benefit of time and immediately discharging all the principal and interest of the Industrial Bank of Korea (hereinafter “the instant loan”).

(2) On April 28, 2009, in order to secure the instant loan obligations, the Nonparty Company completed on April 28, 2009 the establishment registration of the mortgage of KRW 7.4 billion with respect to the establishment of the maximum debt amount of KRW 1,102 square meters (hereinafter “D land”) prior to Jongno-gu Seoul Metropolitan Government D (hereinafter “the instant mortgage”).

3) After the Industrial Bank of Korea filed an application for voluntary auction on D land, and the auction procedure (Seoul Central District Court E, F (Dupl) commenced. On December 24, 2014, the auction court drafted a distribution schedule that distributes KRW 136,755,424 to the Industrial Bank of Korea, which is the right to collateral security of the instant case. 4) The instant loan claim was transferred to the Plaintiff according to the asset acquisition agreement concluded between the Industrial Bank of Korea and the Yonhap Asset Management Company on December 4, 2014, and the Industrial Bank of Korea, the Industrial Bank of Korea, the United Nations Asset Management Company, and the assets acquisition agreement concluded between the Plaintiff on December 29, 2014. The Industrial Bank of Korea notified the fact that it transferred the instant loan to the non-party company on December 31, 2014.

5) The principal and interest of the instant loan claim as of January 28, 2015, which were unpaid as of January 2015, is KRW 503,207,360 (the principal = KRW 449,147,976 + interest KRW 51,618,764 + provisional payment + KRW 2,440,620). (B) On the other hand, the non-party company entered into a pre-sale agreement between the non-party company and the Defendant on September 19, 2014, with respect to each real estate listed in the separate sheet (hereinafter collectively referred to as “instant land”) as of KRW 60 million, and the date of completion of the pre-sale agreement, as of September 19, 2015.

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