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(영문) 수원지방법원 평택지원 2018.02.08 2016가합10591
사해행위취소
Text

1. As to real estate listed in Attachment 1:

A. Between G (H) and Defendant B, concluded on December 18, 2013.

Reasons

1. Basic facts

A. On August 25, 2009, the bankrupt A Co., Ltd. (hereinafter “A”) concluded a loan transaction agreement with K on August 25, 2009, the loan amount of KRW 2.9 billion, KRW 2.9 billion on August 25, 2010 on the date of maturity (e.g., extension to January 26, 201), interest rate of KRW 11 per annum, annual interest rate of KRW 23% per annum, and the loan transaction agreement (hereinafter “loan 1”) with K on May 7, 2010, the loan transaction agreement with KRW 90 million on May 7, 201, interest rate of KRW 11% per annum, interest rate of KRW 23% per annum, and delay interest rate of KRW 23% per annum (hereinafter “loan 2”). Each of the above money was loaned to I, and G Co., Ltd.’s joint and several debt loans.

B. As of November 27, 2016, the loan balance of the instant loan No. 1 is KRW 1,632,857,461, interest 3,025,090,470, and the loan balance of the instant loan No. 2 is KRW 55,69,849.

C. Defendant C completed the registration of the establishment of a neighboring mortgage on September 1, 2013 with regard to each real estate listed in Articles 1 and 2 of the separate sheet owned by G and each real estate listed in Articles 3 and 4 of the separate sheet owned by G, with the status of KRW 80 million on September 11, 2013, based on the receipt of Lanwon District Court’s Eunpyeong Housing Site Costs No. 49367, Sept. 11, 2013; and the debtor B.

Defendant D completed the registration of establishment of a neighboring mortgage on November 20, 2013 with respect to each real estate listed in the separate sheet Nos. 1 and 2 listed in the separate sheet Nos. 3 and 4 listed in the separate sheet No. 1 owned by G, with the maximum debt amount of KRW 80,000,000,000 for the establishment of a contract as of November 18, 2013, and the debtor B.

Defendant B completed the registration of the right to claim ownership transfer on December 18, 2013, of the receipt of Sejong District Court’s Eunpyeong Housing Site KRW 66322 and No. 66323 of the receipt of a purchase and sale reservation as of December 18, 2013, with regard to the real estate listed in the separate sheet Nos. 1, 1, 2, 3, and 4, listed in the separate sheet Nos. 1, 1, 2016, and the real estate listed in the separate sheet No. 80208, with regard to the real estate listed in the separate sheet No. 1, 2016.

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