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(영문) 서울중앙지방법원 2020.01.08 2017가단5058140
사해행위취소
Text

1.(a)

The real estate between Defendant B and Nonparty E is real estate Nos. 1, 4, 5, and 6 among each of the real estate listed in attached Table 1.

Reasons

1. Facts of recognition;

A. The Plaintiff and Nonparty G entered into a partnership agreement with Nonparty Company and Cheongju-si to make an investment in the land located outside H and twenty-four parcels of land (hereinafter “instant land”).

B. Although Nonparty Company sold most of the instant land, it did not pay to the Plaintiff the earnings initially promised.

The plaintiff filed a lawsuit against the non-party company seeking the payment of profits, etc., and the judgment that the non-party company would pay 264,346,955 won to the plaintiff in the above lawsuit (Seoul High Court 2017Na201535) became final and conclusive.

C. Defendant B is the wife of Defendant C, one of G’s children.

On March 25, 2016, Nonparty Company entered into a sales contract with Defendant B for each real estate listed in attached Table 1 (hereinafter “instant sales”) and completed the registration of ownership transfer by Cheongju District Court No. 45305, Apr. 19, 2016.

E. After all, the registration of the establishment of a senior mortgage-based mortgage-based establishment on the real estate Nos. 2 and 3 of the attached Table 1 was cancelled on November 30, 2017. On the same day, the registration of the establishment of a senior mortgage-based establishment of a senior mortgage-based association was completed at the creditor I, B, the debtor, and the maximum debt amount at KRW 104,000.

F. Meanwhile, on July 25, 2016, the non-party company entered into a mortgage contract with Defendant C on each real estate listed in the attached Table 2, and completed the registration of establishment of a mortgage on August 3, 2016 at the Cheongju District Court No. 95320, which was received on August 3, 2016.

G. In addition, on May 24, 2016, the non-party company entered into a mortgage contract with Defendant D and the non-party company for the establishment of a mortgage on the land of Cheongju-si in the attached Table 2, and completed the registration of the establishment of a mortgage on the same day.

[Ground of recognition] Facts without dispute, evidence A1 to 18, purport of whole pleadings

2. Determination as to the claim against the defendant B

A. Comprehensively taking account of the above facts acknowledged as the revocation of the fraudulent act, Defendant B recognized that the non-party company was insolvent as of April 19, 2016 when the said registration of ownership transfer was completed.

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