logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2019.01.24 2017가합11396
사해행위취소
Text

1. Nonparty F:

A. Defendant B entered into on October 18, 2016 with respect to the real estate stated in paragraph 1 of the Attached List.

Reasons

1. Basic facts

A. At around 2014, Nonparty F newly constructed an officetel (hereinafter “instant officetel”) in the one unit of G land in Northern-gu, Northern-si (hereinafter “instant land”) and borrowed KRW 500 million from the Plaintiff.

B. On December 3, 2014, F obtained a loan of construction expenses, etc. for the instant officetel construction project from H association, and agreed to provide a collateral trust for the instant land for the purpose of the loan. On completion of the instant officetel, F agreed to additionally provide a collateral trust for the instant officetel.

C. On March 20, 2015, F took out a loan of KRW 2.1 billion from H association, and entered into a security trust agreement (hereinafter “instant trust agreement”) with the first beneficiary of H association and F with respect to the instant officetel completed between H association (hereinafter “I”) to secure the said debt, and on the same day, F completed the registration of ownership transfer for the instant officetel based on the trust in its name.

On October 18, 2016, F entered into a sales contract with Defendant C regarding each real estate listed in the separate sheet Nos. 2, 3, 4, and 5 as to each real estate listed in the separate sheet Nos. 6, 7, 9, and 10 as to each real estate listed in the separate sheet Nos. 6, 7, 9, and 10 as to each real estate listed in the separate sheet Nos. 8 of the separate sheet Nos. 6, 7, 9, and 100,000 (hereinafter collectively referred to as “each of the above sales contracts,” and collectively referred to as “each of the instant real estate”).

E. On October 18, 2016, F: (a) requested on October 18, 2016, I to transfer the ownership of each of the instant real estate to the purchaser (C) of each of the instant real estate in accordance with Article 6 (Transfer of Ownership to the Purchasers) of the Clause on Security Trust.

arrow