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(영문) 서울동부지방법원 2016.07.01 2015가합103621
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

C entered into a contract on January 9, 2008 with F Co., Ltd. (hereinafter referred to as “F”) for the purpose of constructing and operating a tourist hotel (hereinafter referred to as “instant building”) on the 4,013 square meters and 524 square meters (hereinafter referred to as “the instant land”) prior to the wife population D and E-river 524 square meters (hereinafter referred to as “the instant land”). As of March 31, 2008, C entered into a contract with F Co., Ltd. (hereinafter referred to as “F”) for the purpose of business.

At the time, the instant land was adjacent to G road and three lots (hereinafter “instant road and ditch”) owned by the Republic of Korea (hereinafter “the instant road and ditch”), and “H”, a bridge connecting the instant land with the outer access roads, was installed on the instant road and ditch.

C acquired the instant permit and permission to occupy and use the road in order to use the said H.

During the construction of new buildings of this case, F, on March 2, 2010, the auction procedure (hereinafter “instant auction procedure”) was initiated with respect to the entire land and buildings of this case (hereinafter “each real estate of this case”) on March 2, 2010, which was the wind of F, and the said construction was suspended.

On March 16, 2010, after the commencement of the auction procedure of this case, the Plaintiff entered into a joint collateral creation agreement with C with the maximum debt amount of KRW 1.155 million with respect to each of the instant real estate, and completed the registration of creation of each of the neighboring mortgages on March 30, 201.

On April 26, 2011, the Defendant (hereinafter “instant transfer contract”) entered into a contract with C under which the Defendant would be assigned the name of the owner of the instant building and the title of the instant permit (hereinafter “instant transfer contract”). On January 31, 2012, the Defendant was transferred the name of the instant permit.

On March 6, 2015, the Plaintiff loaned KRW 850 million, including interest, to C on May 19, 2009, KRW 300 million on November 29, 2009, KRW 50 million on December 14, 2009, and KRW 1.15 billion on December 24, 2009.

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