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(영문) 서울북부지방법원 2018.11.30 2015가단24666
사해행위취소
Text

1. On August 30, 2013, the Defendant: (a) on the real estate stated in the attached list to C, the Dobong District Court of Seoul Northern District on the attached list.

Reasons

1. Basic facts

A. On February 19, 2014, the Plaintiff filed a lawsuit against Suwon District Court 2013Da38083 for the claim for a promissory note payment against C, and on December 19, 2014, the said court rendered a judgment that C shall pay to the Plaintiff KRW 120,00,000 and the amount equivalent to 5% per annum from December 28, 2013 to February 19, 2014 and the amount equivalent to 15% per annum from the next day to the day of full payment, and the said judgment became final and conclusive around that time.

B. On August 29, 2013, each of the real estate listed in the separate sheet (hereinafter “instant real estate”) entered into a trade reservation with C and the Defendant, who is a dubed household (hereinafter “instant trade reservation”). On August 30, 2013, the Seoul Northern District Court’s Dobong registry office received on August 30, 2013, the provisional registration of the Defendant’s right to claim ownership transfer was completed.

C. On May 29, 2014, a sales contract was concluded between C and the Defendant with respect to the instant real estate (hereinafter “instant sales contract”). On June 2, 2014, the registration of ownership transfer was completed under the name of the Defendant as the receipt of the said registration office on June 2, 2014.

C On January 14, 2011, with respect to the instant real estate, the establishment registration of a mortgage was completed with a maximum amount of KRW 156,00,000,000, consisting of a mortgagee-mortgaged association and a maximum debt amount.

The principal of the loan secured by the above-mortgage is KRW 130,000,000.

The lessee of the instant real estate had E (50,000,000), F (35,00,000), G (56,000,000), H (120,000,000), and I (37,000,000,000).

E. C, as of the date of the closing of argument in this case, was liable to the Plaintiff for the obligation indicated in the A, while C did not have any particular active property, and C owned 20 conditions in addition to the instant real estate. However, as of the date of the closing of argument in this case, most of the said real estate was sold by the time of the closing of argument in this case. As of the date of the closing of argument in this case, 1/10 shares of 1/10 out of the 3rd floor M& M M, 40.16 square meters of the 3rd floor, and 40.16 square meters of the Gyeongcheon-si N on the ground of Chuncheon City.

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