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(영문) 수원지방법원 2016.09.07 2015나35598
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. (1) C) Each real estate listed in the separate sheet (hereinafter “each of the instant commercial buildings”)

(B) In addition, the registration of ownership transfer was completed on March 14, 2007 by the Songdong District Court, Songdong District Court No. 22408 on the 12 stores on the 14th ground of Songpa-gu Seoul and one other, and the new bank (hereinafter “new bank”) is a new bank.

(C) Seoul Songpa-gu Seoul OBD 501, and Songpa-gu Seoul 209 (hereinafter “209 Housing”) holding H as security for one billion won loans on the same day.

(2) As to the registration of creation of a mortgage on the P site of Songpa-gu Seoul and the 12 stores of the above N apartment, the registration office received the maximum debt amount of 1.3 billion won, the mortgage-backed creditor bank, and the debtor C, as the registration office’s receipt of the same registry office (hereinafter “instant mortgage-mortgage”).

2) The registration of cancellation of the registration of establishment of a mortgage was completed on the ground of partial abandonment around December 2007 with respect to the 116th of the above N apartment commercial building and the right to collateral security established on the land of Songpa-gu Seoul as the right to collateral security of this case.

B. The Plaintiff lent C the KRW 5,00,000,000 on December 17, 2007 to C, and then received KRW 5,000,000 from C on April 17, 2008, and additionally lent KRW 10,00,000 to C on September 4, 2008 and February 19, 209, respectively.

(hereinafter “instant loan”). C.

The Plaintiff filed a lawsuit against C with Seoul Eastern District Court 2012Kadan57836, and C accepted the Plaintiff’s claim (70,000,000 and damages for delay) on April 17, 2013.

C concluded each reservation as stated in the purport of the claim regarding each of the instant commercial buildings owned by the Defendant, his father, and completed the registration of the right to claim the transfer of ownership.

1) The real estate listed in the separate sheet Nos. 4 through 8: the promise to sell and purchase on July 28, 2009 (hereinafter “the first promise to sell and purchase of this case”).

) On July 29, 2009, provisional registration on July 29, 2009 (hereinafter referred to as "provisional registration of this case") is "provisional registration of this case

2) 2.

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