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(영문) 인천지방법원 2021.01.21 2020나63521
사해행위취소
Text

Of the judgment of the first instance, the part concerning the contract to establish a mortgage and the registration of establishment of a mortgage shall be amended as follows:

Reasons

In the first instance court on January 24, 2019 regarding real estate listed in the separate sheet, the Plaintiff sought the cancellation of the promise to sell and purchase real estate, the cancellation of the right to claim the transfer of ownership, and the cancellation of the right to claim the cancellation of the self-mortgage contract and the cancellation of the registration of the establishment of the right to claim the transfer of ownership on February 27, 2018. The first instance court accepted the claim for cancellation of the promise to sell and purchase, and partly accepted the claim for cancellation of the right to claim the transfer of ownership and the cancellation of the registration of the establishment of the right to claim the transfer of ownership only within KRW 104,532,796.

Accordingly, since only the plaintiff filed an appeal, this court decides only the plaintiff's claim on the contract to establish a right to collateral and the cancellation of the registration of establishment of a right to collateral security.

2. Basic facts

A. The reasoning of the judgment of this court is as stated in the reasoning of the judgment of the first instance except for the following dismissals or additions, and thus, it is identical to the corresponding part of “1. Basic Facts” under the main sentence of Article 420 of the Civil Procedure Act.

B. Part 1 of the dismissal or addition 1) B of the 2nd judgment of the first instance and “B” and “B” of the 2nd judgment of the first instance.

2) The reasoning of the judgment of the first instance is as follows: C Bank 'B' on the 2nd day of the judgment of the first instance; 16th day of the judgment.

3) The reasoning of the judgment of the first instance is as follows: (a) KRW 632,780, “B” of KRW 632,870, the first instance judgment’s ground of appeal No. 3, 632,870.

4) On April 5, 2019, the Plaintiff received the payment order for KRW 101,807,527 and KRW 101,17,657 from March 28, 2019 to March 31, 2019 to the date of delivery of the authentic copy of the payment order, and KRW 8% per annum from the following day to the date of full payment (hereinafter “instant payment order”). The instant payment order for KRW 15% was served on Nonparty 2 on May 24, 2019 to the Plaintiff, and became final and conclusive on June 6, 2018.

"Additional" shall be added.

5) On the ground of the judgment of the first instance, the third party 7 acts on the ground of the judgment.

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