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(영문) 대구지방법원 2015.04.16 2014가합6941
사해행위취소 등
Text

1. The plaintiff's lawsuit against the defendant E shall be dismissed.

2. Defendant B, C, and D are jointly and severally liable to the Plaintiff for KRW 91,375,000.

Reasons

1. Basic facts

A. On April 4, 2013, the Plaintiff loaned 100 million won (hereinafter “instant loan”) to Defendant B on July 3, 2013 (hereinafter “instant loan agreement”).

B. Meanwhile, on March 20, 2013, Defendant B and E filed for the registration of the establishment of a collateral security agreement (hereinafter “instant collateral security agreement”) with respect to each of the instant lands listed in the separate sheet (hereinafter “each of the instant lands”) with Defendant B and E as the receipt of a branch court of the Daegu District Court Branch Branch of the said month under Article 23291 on the grounds of the receipt of the branch court support agreement, and with respect to each of the instant lands listed in the separate sheet (hereinafter “instant land”). Defendant B transferred the status of co-owners under the instant collateral security agreement to Defendant E on July 18, 2013 (hereinafter “instant share transfer agreement”), and completed the registration of the transfer of shares in Defendant E as Defendant E under Article 657366 on the same day.

C. Since then, Defendant C’s creditor non-party 1 filed an application for voluntary auction against each of the instant land and the instant land, and the instant land and the instant land (hereinafter “instant land”). On March 4, 2014, distribution branch of the Daegu District Court rendered voluntary decision to commence the auction on each of the instant land, and registered the entry of the decision to commence the auction on the same day. The aforementioned support was made on March 18, 2014 on the instant land and became the entry of the decision to commence the voluntary decision to commence the auction on each of the instant land, and became the entry of the decision to commence the auction on the same day.

The Gyeongsan Credit Union again applied for a compulsory auction for each of the instant real estate, and the above assistance to each of the instant real estate was decided to commence compulsory auction on March 24, 2014. On the same day, the registration of the decision to commence compulsory auction was made on the same day, and the above voluntary auction procedure and the compulsory auction procedure are less than the double auction procedure.

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