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(영문) 의정부지방법원 2016.04.05 2015가단601
사해행위취소
Text

1. The sales contract concluded between Defendant B and D on September 10, 201 with respect to the real estate listed in the separate sheet was 36,003.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a lawsuit against F, G, and D, the primary debtor, as Seoul Central District Court Decision 2004Kadan126765. On August 10, 2004, the Plaintiff filed a lawsuit against F, G, and D with the Seoul Central District Court Decision 2004Da126765, and on August 10, 204, the above court rendered a judgment that “the Defendants jointly and severally paid to the Plaintiff 1,050,160,795 won and 49,566,284 won with the interest of 23% per annum from August 1, 2001 to the date of full payment, Defendant E, and G jointly and severally paid the amount of KRW 101,610,390 and KRW 100 million with the interest of 23% per annum from February 8, 200 to the date of full payment (hereinafter “instant judgment”). The above judgment became final and conclusive.

B. D, on September 10, 201, concluded a contract to sell real estate listed in the separate sheet (hereinafter “instant real estate”) owned by it to Defendant B for KRW 36 million (hereinafter “instant sales contract”), and completed the registration of ownership transfer in the name of Defendant B on October 25, 201.

C. As to the instant real estate, KRW 18,200,000 on December 19, 1996, the maximum debt amount of KRW 18,200,00, the debtor H (acquisition from I on August 26, 2009), the registration of the establishment of a neighboring mortgage as J, the mortgagee Co., Ltd., and KRW 13,200,000 on December 19, 1996, the debtor H (acquisition from I on August 26, 2009), the registration of the establishment of a neighboring mortgage as J, the mortgagee Co., Ltd., and the registration of the establishment of a new mortgage as K was completed on January 8, 2008, respectively.

After October 25, 201, the registration of the establishment of a neighboring mortgage in K name was cancelled on October 7, 201 due to termination on October 25, 201, and each registration of the establishment of a neighboring mortgage in J name was cancelled on October 26, 201, respectively.

On October 25, 2011, Defendant B completed the registration of the establishment of a neighboring real estate with the mortgagee L safe, the debtor B, the maximum debt amount of KRW 26 million as to the instant real estate, and on October 23, 2013.

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