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(영문) 서울서부지방법원 2020.05.28 2019가합39881
사해행위취소
Text

1. As to each building listed in the attached Table 2 list: A.

It was concluded on February 13, 2019 between the defendant and C.

Reasons

1. Basic facts

A. The status of the parties 1) The Plaintiff (Appointed Party) and the appointed parties (hereinafter “Plaintiff, etc.”)

2) The instant site is 948m20,000,000,000 m2,000

(2) The Defendant is a company operating loan financing business and credit business, and is a mortgagee who has completed the establishment registration of mortgage on each of the buildings listed in the separate sheet No. 2, an aggregate building on the instant site (hereinafter “each of the buildings of this case”).

B. At the time of March 2012, the Plaintiff et al. filed a lawsuit seeking removal of each of the instant buildings against E Co., Ltd. (F. on March 20, 2014) that was the owner of each of the instant buildings (hereinafter “F”). On October 11, 2012, the Seoul Central District Court rendered a judgment that “F shall remove each of the instant buildings to the Plaintiff et al. and deliver the instant site” (hereinafter “the instant removal judgment”). The said judgment became final and conclusive on November 9, 2012, as it became final and conclusive.

C. C Co., Ltd. (hereinafter “C”) acquisition of ownership on each of the instant buildings

(2) On January 24, 2017, the Plaintiff purchased each of the instant buildings from F in KRW 2,400,000,000, and agreed to pay KRW 500,000 as the purchase price on the date of the contract, and KRW 1,350,000 as the collateral obligation of the right to collateral security, which was already established on the date of the contract, to be acquired by the buyer; and KRW 1,900,000 as the remainder, calculated by deducting KRW 1,350,000 as the collateral obligation of the right to collateral security, which was already established at KRW 1,350,000,00 as the remainder, and KRW 550,000 as the maximum debt amount for each of the instant buildings as of July 24, 2017.

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