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(영문) 수원지방법원 안산지원 2018.07.11 2017가단58147
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Establishment of the preserved claim and establishment of the right to collateral security 1) C (hereinafter “C”)

Until February 25, 2016, each of the real estates listed in the separate sheet (hereinafter referred to as “each of the instant real estates”) shall be stated in the Korea Development Bank’s Schedule.

(C) As to the newly installed factory machinery 7 points, 6.1 billion won in total by the debtor C and the maximum debt amount (hereinafter “each of the instant mortgages”).

(2) On September 5, 2016, the Plaintiff loaned KRW 100 million (10 million) to C on a yearly basis and on September 5, 2017, under the condition that principal and interest are repaid in equal installments.

3) C) December 1, 2016, Co., Ltd. (hereinafter “D”)

(B) With respect to each of the instant real estate and each of the instant real estate and the factory machinery installed in the E-dong G, H, and each of the said real estate, two collateral mortgages were set up on March 6, 2017, with a total of 864 million won and maximum debt amount. D renounced the said two collateral mortgages on each of the instant real estate and the factory machinery installed therein, among the said collateral goods. (B) The Defendant agreed to acquire ownership of each of the instant real estate by sale from C in order to recover the price of the goods (hereinafter referred to as “price of the instant goods”) in KRW 1,087,43,702 (as of January 31, 2017) against C.

As a result of consultation with the Korea Development Bank, each of the instant collateral security interests, the Defendant and C determined the purchase amount of KRW 4.4 billion, and paid KRW 3.6 billion among them to the Korea Development Bank as a part of the claim against each of the instant collateral security interests, the Defendant terminated each of the instant collateral security interests and set off the remainder of the purchase amount against the goods price

2) Accordingly, on March 6, 2017, the Defendant and C made a promise to sell and purchase the instant real estate amounting to KRW 4.4 billion (hereinafter “instant promise to sell and purchase”).

(C) On March 10, 2017, the Plaintiff entered into a provisional registration and completed a provisional registration on March 10, 2017.

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