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(영문) 서울북부지방법원 2020.07.23 2018가합25179
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. It was concluded on March 2, 2018 between Defendant B and D.

Reasons

1. Facts of recognition;

A. On August 24, 2017, the Plaintiff received a favorable judgment (Seoul Central District Court Decision 2017Da57526, hereinafter “instant transferee judgment”) that: (a) on November 3, 2017, “the Defendant (D) shall pay to the Plaintiff the amount of KRW 637,434,316 and KRW 485,178,052, the amount of KRW 18% per annum from August 18, 2017 to the date of full payment”; (b) the Plaintiff received a favorable judgment (Seoul Central District Court Decision 2017Da57526, hereinafter “instant transferee judgment”); and (c) the said judgment was finalized on February 27, 2018.

B. On March 2, 2018, D entered into a mortgage agreement with Defendant B regarding each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as indicated on D’s ownership (hereinafter “instant real estate”) with the obligor D, mortgagee B, Defendant B, and the maximum debt amount of KRW 350,000,000, and on March 5, 2018, D completed the registration of the establishment of a neighboring real estate on March 5, 2018.

In addition, D entered into a mortgage agreement with Defendant C on March 2, 2018 with regard to each of the instant real estate at issue with the debtor D, the mortgagee C, the maximum debt amount of KRW 250,000,00, and on March 5, 2018, the registration of the establishment of a neighboring mortgage was completed in the future of Defendant C on March 5, 2018.

(C) The registration of establishment of each of the above mortgage agreements is the registration of establishment of each of the above mortgages (hereinafter “registration of establishment of each of the above mortgages”).

On April 20, 2018, with respect to each of the instant real estate, the procedure for compulsory auction was commenced as Suwon District Court’s branch E upon the Plaintiff’s application for compulsory auction on April 20, 2018. On July 23, 2018, upon the application of the FFF association on the instant real estate, the procedure for voluntary auction was commenced to Suwon District Court’s branch branch with respect to each of the instant real estate as stated in the attached Tables 5 and

On July 18, 2019 through November 25, 2019, each of the instant real estate was sold to buyers at the above auction procedure. Accordingly, the registration of establishment of each of the instant real estate was cancelled around that time.

After that, the person with the right of delivery is the first priority out of the amount to be actually distributed in the distribution procedure made on December 18, 2019.

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