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(영문) 서울중앙지방법원 2015.09.09 2015가합6048
사해행위 취소로 인한 소유권말소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff as a general loan (security) with the interest rate of KRW 8.5% per annum on March 5, 2010, the Plaintiff set KRW 800,000,000 as interest rate of KRW 8.2% per annum on September 17, 2010, and determined KRW 390,000 as interest rate of KRW 8.2% per annum on September 27, 2010, ③ as interest rate of KRW 55,000,000 on September 27, 2010, and ④ as interest rate of KRW 7.7% per annum on January 145, 201.

(hereinafter referred to as “loans 1 through 4”) B.

C On September 3, 2014, between the Plaintiff and Nonparty D, with Nonparty D as the debtor, concluded each contract on collateral guarantee (the amount of each collateral guarantee for each of the instant loans is KRW 1,040,00,000, and KRW 507,000,000, and KRW 58,500,000, the instant loans are KRW 58,50,000, and KRW 4 of the instant loans are KRW 188,50,000) with respect to the instant loans.

C. After that, D lost the benefit of time due to the delinquency of the obligation of the instant case ① or the instant loans, and as of November 3, 2014, D’s KRW 1,579,922,776, including the principal amount (1,380,000,00) as of November 3, 2014.

On the other hand, on October 17, 2014, C concluded a sales contract with the Defendants on each of the real estate listed in the separate sheet, which is the only real estate owned by C (hereinafter “instant 1 or 9 real estate,” and the combination thereof “each of the instant real estate”).

(hereinafter “instant sales contract”). E.

Afterward, the Seoul Southern District Court’s Guro District Court’s receipt of October 28, 2014 and registration of the Defendants’ right to claim transfer of ownership was completed on the ground of the Defendants’ right to claim transfer of ownership as of October 17, 2014 as of October 28, 2014, and the Seoul Southern District Court’s Seoul Southern District Court’s receipt of No. 96192, Dec. 1, 2014, and the registration of transfer of ownership was completed in the name of the Defendants on the ground of sale as of October 17, 2014.

F. At the time of the instant purchase and sale contract, the Seoul Southern District Court (Seoul Southern District Court 29833, Apr. 29, 201), as the maximum debt amount of KRW 66,00,000, and the debtor C and the mortgagee Co., Ltd.

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