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(영문) 춘천지방법원 2015.10.28 2014가합5463
사해행위취소
Text

1. As to each real estate listed in the separate sheet Nos. 1 and 2 between Defendant B and Nonparty E, on October 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim related 1) E is the Plaintiff’s G apartment on August 13, 2007 and one lot of land G apartment (hereinafter “instant apartment”).

) New construction works (hereinafter “instant construction works”)

H Co., Ltd. (hereinafter “H”)

A) A contracting party to the Plaintiff (hereinafter “Plaintiff”) and H changed the trade name to “A” corporation as of April 6, 2009.

(2) From October 2007, the Plaintiff commenced the structural construction of the instant construction from around October 2007, but the construction was suspended due to the renunciation of H’s construction around December 2007.

3) On January 13, 2008, J and E, which led the construction of the instant case, had a new contract for the construction period from January 2008 to July 31, 2008, with the contract amount of KRW 4,720,00,000, and E issued two households (701,702) out of the instant apartment around February 1, 2008 so that they can resume construction with J financing. Accordingly, around February 13, 2008, J provided 701 sales contract of the instant apartment as collateral, borrowed KRW 100,000 from K as collateral, borrowed KRW 100,000,000 from K as collateral, and the Plaintiff supplied KRW 30,000,000 to the Plaintiff and KRW 130,000,000,000 as collateral amount of KRW 30,000,000,000.

L) On March 31, 2009, L filed a claim for the amount of the said promissory note with the Seoul Eastern District Court, and filed a claim for the seizure and collection order against the Plaintiff and the third obligor E (2009TT 3685, and filed a claim for the said collection order against E (2009TT 2009Gahap4928, Seoul Central District Court 2009, and then filed a claim against E for the said amount of KRW 83,200,000,000, and the said collection amount.

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