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(영문) 수원지방법원 2017.12.06 2016가합80119
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s occurrence of the Plaintiff’s claim against B (i) around June 2012, the Plaintiff Company C (hereinafter “C”)

(2) Around March 2015, the Plaintiff filed a lawsuit for the return of investment amount against C and B, who are the major shareholders of C and C, to obtain KRW 99,99,90,000,00 per share with the aforementioned company’s 66,666 shares for conversion to registered redemption. (2) Around November 23, 2015, the Plaintiff filed a lawsuit for the return of investment amount on the ground that C and C breached the aforesaid share acquisition contract. C and B jointly and severally agreed with the Plaintiff on March 31, 2016, KRW 40 million until March 31, 2016, April 30, 2016; and KRW 250,000,000,000 per annum from the following day to January 31, 2017, the unpaid interest was paid for delay by 150,000,000 won per annum.

(hereinafter “instant conciliation decision”). B.

The establishment of a right to collateral security and the transfer of a right to collateral security on each real estate listed in the Defendant’s attached list (hereinafter “each real estate of this case”) on February 16, 2016 each real estate listed in the attached list owned by the Defendant and the Defendant.

3) As to the establishment of a mortgage contract, each of the instant mortgages contract was concluded (hereinafter “instant mortgage contract”).

(3) On February 17, 2016, real estate No. 1 stated in the [Attachment List] (hereinafter “instant real estate”).

(1) As to the registration of creation of a mortgage, the maximum debt amount of KRW 150,00,000, the establishment of a mortgage-backed property as the defendant, and the real estate No. 2 in the separate list No. 2 (hereinafter “instant real estate”).

(2) The Defendant transferred each of the instant collateral security to D on March 10, 2016, and filed each of the instant collateral security registration with D on March 11, 2016, and D completed each of the instant collateral security registration on April 1, 2016.

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