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(영문) 부산지방법원 2013.07.24 2012가단12425
사해행위취소 등
Text

1. Of the Plaintiff’s claim against Defendant B, the part of the Plaintiff’s claim for the procedure for cancelling the registration of the establishment of a neighboring mortgage.

Reasons

1. Facts of recognition;

A. (i) The Plaintiff entered into a real estate sales contract with D on November 5, 2007, and paid KRW 200,000 as down payment. However, on the ground of D’s nonperformance, the Plaintiff filed a lawsuit against D on January 20, 2009, claiming the return of the down payment amount paid by Changwon District Court 2009Kahap440.

D. On September 17, 2009, the court held that “D shall pay the Plaintiff KRW 400,000,000 and damages for delay,” and the above judgment became final and conclusive around that time.

B. Establishment D of the right to collateral security on the real estate listed in attached list No. 1 (hereinafter “instant land”) was completed on February 6, 2009 on the land of this case to Defendant B, one of his wife, on February 6, 2009, on the ground of a contract establishing the right to collateral security on February 6, 2009.

(hereinafter referred to as “the first collateral mortgage”). C.

Attached Form

(1) On October 1, 2004, the list Nos. 2 and 3 (hereinafter referred to as "each of the lands Nos. 2 and 3") established each right to collateral security on each of the lands listed in the list Nos. 2 and 3 (hereinafter referred to as "the lands of this case") D completed the establishment registration of collateral security on each of the lands of this case No. 2 and 3 on September 30, 2004.

(2) On February 6, 2009, Sheshe additionally completed the registration of creation of mortgage on the land of this case 2 and 3 with respect to the land of this case to Defendant C on February 6, 2009.

(hereinafter “instant third party mortgage”). D.

Attached Form

After completing the registration of ownership preservation with respect to the instant building No. 4 on December 27, 201, the establishment D of the right to collateral security on the real estate listed in the list No. 4 (hereinafter “instant building No. 4”) completed the registration of ownership preservation with respect to the instant building No. 4 on December 28, 2011, the following day was completed on December 28, 201 on December 27, 2011.

hereinafter referred to as “instant sales contract” and “the instant case.”

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