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(영문) 서울중앙지방법원 2021.01.15 2019가합580957
사해행위취소
Text

1. Of the instant lawsuit, a request for the cancellation of registration of the establishment of a right to collateral security with regard to 3/10 shares of real estate stated in the attached list.

Reasons

1. Basic facts

A. On June 24, 2014, the Plaintiff filed a lawsuit against the Seoul Family Court for divorce, consolation money, and claim for division of property (Seoul Family Court 2014 Ddox 38404), and C filed a counterclaim against the Plaintiff, such as divorce and consolation money, against the Plaintiff under Seoul Family Court 2015 Dern 306104 (the above court decided to make a financial agreement on August 21, 2015). The above case was cultivated by the court 2015 Dhap 2232,2249). On March 15, 2017, the above court rendered a judgment that accepted each claim for divorce between the Plaintiff and C, dismissed each claim for consolation money, and C delayed payment of damages to the Plaintiff.

2) Accordingly, the Plaintiff and C appealed as Seoul High Court Decision 2017Reu 148,155. The Seoul High Court revoked the part of the judgment of the first instance on January 16, 2018, and dismissed C’s claim for divorce. The part of the Plaintiff’s claim for consolation money among the judgment of the first instance is revoked, and C pays consolation money to the Plaintiff KRW 20,000,000 and delayed damages. The part of the judgment of the first instance changed the Plaintiff’s claim for partition of the Plaintiff’s property, and C pays consolation money to the Plaintiff for delayed payment of KRW 1,050,000 and damages for delay.

Therefore, C filed a final appeal with Supreme Court Decision 201Meu136,143 on April 20, 2018. However, the Supreme Court rendered a judgment dismissing C’s final appeal on April 20, 2018 (hereinafter “related family case”). (b) On December 7, 2015, C entered into the instant mortgage contract with the Defendant, and entered into the instant mortgage contract with respect to the instant real estate, on December 8, 2015, upon setting the maximum amount of the claim as KRW 300,000,000 on the ground of the said contract.

(c)

The right holder with the object of registration, such as the right to collateral security and a provisional record on the instant real estate.

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