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(영문) 울산지방법원 2020.10.28 2019가합12615
사해행위취소
Text

1. Of the instant lawsuit,

A. As to the real estate listed in attached list 1, between Defendant B and Defendant E.

Reasons

1. Basic facts

A. The Plaintiff filed an application with the U.S. District Court for a payment order against F Co., Ltd. (hereinafter “F”) seeking the payment of loans (loan around April 2014) and the cancellation money (sale price paid around December 2015), and the said court ordered F to pay the Plaintiff the amount of KRW 370 million and the damages for delay calculated at the rate of 15% per annum from the day following the service of the payment order to the day of full payment. The above order became final and conclusive around that time.

B. On June 9, 2017, F completed the registration of ownership transfer on June 7, 2017 with respect to the real estate listed in attached Table 1 (hereinafter “instant one real estate”) to Defendant B on June 9, 2017.

(hereinafter) On May 18, 2018, Defendant B completed the registration of creation of a mortgage with respect to the said real estate as the mortgagee E, the debtor B, and the maximum debt amount of KRW 418,800,000, with respect to Defendant E (hereinafter “E”).

(hereinafter referred to as "mortgage-based contract") dated May 18, 2018.

F On June 9, 2017, the F completed the registration of ownership transfer on the ground of sale on June 9, 2017, 2017, with respect to the real estate listed in attached Table 2 in attached Table 2 (hereinafter “instant real estate” and when the same is referred to as “each of the instant real estate”) to Defendant C, the registration of ownership transfer was completed on June 9, 2017.

(2) On June 15, 2018, Defendant C completed the registration of ownership transfer on the said real estate on the ground of sale and purchase on June 15, 2018 (hereinafter “the sale and purchase contract of June 15, 2018”); Defendant D completed the registration of ownership transfer on the said real estate to Defendant C on August 14, 2018, with regard to the said real estate as a collateral security holder C, the obligor D, and the maximum debt amount of KRW 300 million.

The term "(hereinafter referred to as "the ')" in 2018.

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