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(영문) 울산지방법원 2013.12.05 2012가합9597
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The payment order was issued on May 26, 2010, stating that “C and D shall jointly and severally pay to the Plaintiff the amount calculated by the ratio of KRW 130 million to KRW 130 million and KRW 500,000 per month from March 30, 2010 to the date of full payment,” which became final and conclusive on July 20, 2010.

B. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of creation of a collateral security (hereinafter “mortgage”) was completed with the Ulsan District Court No. 81217, Sept. 8, 2010, the establishment of a collateral security (hereinafter “defensive agricultural cooperative”) with the maximum debt amount of KRW 1.44 billion, the debtor C, and the defense-defense agricultural cooperative (hereinafter “defensive agricultural cooperative”); ② the registration of establishment of a collateral security with the maximum debt amount of KRW 788 million, the debtor C, and the defense-mortgageed agricultural cooperative (hereinafter “defensive agricultural cooperative”); and ③ the registration of establishment of a collateral security (hereinafter “defensive real estate”) with the maximum debt amount of KRW 114744, Dec. 21, 2010; and ③ the registration of establishment of a collateral security (the maximum debt amount of KRW 60 million) with the same court received on Jan. 17, 2011.

C. As to the instant real estate, C and the Defendant entered into a contract to establish a mortgage (hereinafter “instant provisional registration”) on June 28, 2012, and concluded a registration of the establishment of a neighboring mortgage (hereinafter “the creation of a mortgage”) with the maximum debt amount of KRW 300 million, the debtor C and the mortgagee as the Defendant on July 9, 2012 (hereinafter “the creation of a mortgage”) and (2) a pre-sale agreement on July 4, 2012 (hereinafter “the instant pre-sale agreement”), and concluded a provisional registration of the right to claim a transfer of ownership (hereinafter “the instant provisional registration”) on the ground of the pre-sale agreement as of July 9, 2012 as of July 4, 2012 (hereinafter “the instant provisional registration”), and (3) a loan of KRW 200,500,000,000,000,000,000 won and the Defendant will set off the entire remainder of the sales contract as the purchaser’s set-off.

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