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(영문) 수원지방법원 2016.12.15 2015가단112708
사해행위취소
Text

1. On September 4, 2012, the Defendants and the family members of Korea and Japan Co., Ltd. entered into an agreement on real estate stated in the separate sheet.

Reasons

1. Basic facts

A. On August 17, 2012, the Plaintiff filed an order for payment with the Cheongju District Court 2012 tea 4530 against several comprehensive construction companies (hereinafter “Multiple Construction”), and the said order for payment was finalized on September 25, 2012, upon receiving a payment order from the Plaintiff for KRW 262,00,000 and the interest rate of KRW 20% per annum for the said construction to the date of full payment.

B. The several comprehensive construction applications for provisional seizure of real estate in the attached list owned by Hanwon District Court 2013Kadan1361 (hereinafter “instant real estate”) against Hanwon District Court (hereinafter “Korean Family”) for the provisional seizure of real estate owned by Hanwon District Court 2013Kadan1361 (hereinafter “instant real estate”). On September 17, 2013, the provisional seizure order was issued on September 17, 2013, and the provisional seizure registration as to the instant real estate was completed on the same day.

Then, on March 18, 2014, by filing a lawsuit on the claim for construction price against Korean families as the District Court Decision 2014Ra1812, the said Court rendered a judgment that “Korean Family shall pay to the multiple comprehensive constructors the amount of KRW 80,00,000 and the amount calculated at the rate of KRW 20% per annum from January 21, 2014 to the date of full payment” and the said judgment became final and conclusive on April 8, 2014.

C. On April 8, 2014, the Plaintiff requested a seizure and collection order against KRW 343,990,216, out of the instant judgment amount against a single family member of Suwon Government District Court 2014TTT 2014TT 6782, and received a seizure and collection order on April 10, 201, and the said decision was served on one family member on April 10, 2014, and became final and conclusive around that time.

On July 10, 2014, an agricultural cooperative, instead of a creditor of one family, filed an application for voluntary auction of the instant real estate with the Suwon District Court credit support C, and received a decision to commence voluntary auction on July 10, 2014. The Plaintiff received the above execution clause on August 25, 2014 from a family member of several comprehensive construction companies and received the said execution clause on August 27, 2014.

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