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(영문) 대구지방법원 2019.06.20 2017가단128494
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The Plaintiffs are companies with the main purpose of a housing construction business, a company D (hereinafter “D”), and the Defendant’s real estate security trust business.

B. D completed the new construction of the E-Dong, an aggregate building of 16 stories and officetels around December 2016, and the E-Dong, an aggregate building of 10 stories above ground (hereinafter “E-Dong”), and completed the registration of initial ownership on December 9, 2016, with respect to the apartment of 16 stories constituting E-Dong (hereinafter “each apartment of this case”).

During the process of the construction of the new construction project, the Plaintiff Co., Ltd. completed the 65,120,000 glass construction cost, and the Plaintiff Co., Ltd. Co., Ltd. completed the 123,074,90 Won by contract from each D.

(hereinafter referred to as “Plaintiff A” and “Plaintiff B” are omitted in the name of the Plaintiffs.

As of December 13, 2016 regarding G and H among each of the instant apartments, the registration of creation of a mortgage was completed on December 13, 2016, with the debtor D, the mortgagee as IF, and the maximum debt amount of KRW 181,200,000, respectively, and with respect to the remainder of 14 bonds apartment (hereinafter “ves apartment”) as of December 9, 2016, the registration of creation of a mortgage was completed on December 9, 2016, with the debtor D, the mortgagee as JF, and the maximum debt amount of KRW 186,00,000 each, with the debtor as of December 9, 2016 (hereinafter “the registration of creation of a mortgage near December 9, 2016”).

D From February 13, 2017 to March 21, 2017, the registration of the establishment of a neighboring mortgage on December 9, 2016 under the name of the J Association established on the apartment of the above 4 units, as the sale of K, L, M, and N among the remaining 14 units apartment houses, was cancelled after the repayment of each relevant secured debt.

E. Meanwhile, among the remaining 14 bonds apartment buildings, the remaining 10 apartment houses for the purpose of the trust is 10 apartment houses with the exception of the above 4 bonds apartment houses sold as above.

D as to March 9, 2017, the Defendant.

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