(영문) 수원지방법원 2020.09.09 2018가단561554

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(영문) 수원지방법원 2020.09.09 2018가단561554

사해행위취소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On July 17, 2012, the document of transfer was prepared; and (2) land and buildings on the ground thereof (hereinafter “D real estate”).

In relation to E (23/100 of shares), C (54/100 of shares), F (13/100 of shares), and G (10/100 of shares) with respect to the registration of ownership transfer, and with respect to the debtor C, the registration of ownership transfer was completed in the names of E (23/100 of shares), and with respect to the debtor: ① The association of the mortgagee, the maximum debt amount of 488,000,000 won, ② the association of the mortgagee I, the maximum debt amount of 488,750,000 won, ③ the association of the mortgagee of the right to collateral security, and the maximum debt amount of 487,50,000 won, each of the above collateral security (hereinafter

(2) On February 18, 2013, the establishment registration of mortgage (hereinafter “second secured mortgage”) consisting of the debtor, mortgagee, K, and maximum debt amount of KRW 24 million with respect to the E’s share among D real estate was completed.

3) On March 15, 2013, the Plaintiff acquired shares and entered into a partnership agreement (hereinafter “instant partnership agreement”) stating that “40% of the Plaintiff’s shares in D real estate from C, F, and G (i.e., 17% of C shares (17% of C shares, 10% of C shares, 13% G shares, but 10% of D shares) is KRW 200,000,000,000,000,000,000,000,000,

(C) The sum of the acquisition capital of the said real estate is KRW 200 million (hereinafter “instant investment capital”) with the Defendant’s name account, etc., the representative of C from March 18, 2013 to April 22, 2013.

(4) Since then, the debtor is entitled to the “E Loan Certificate” in the name of E, stating that “20 million won shall be borrowed on a yearly basis and on October 30, 2013, the due date for repayment shall be 24% of the interest rate, and on a date of repayment shall be determined and borrowed as of October 30, 2013.

The E-document contains the following contents:

5. The above amount of money shall be KRW 200,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00

유사 판례

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