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(영문) 울산지방법원 2019.04.25 2018가합23106
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) Plaintiff I Co., Ltd. (hereinafter “I”)

J 720 square meters (hereinafter “instant land”) in Yangsan-si.

) An aggregate building consisting of 39 sections of an apartment building on the ground (hereinafter “instant aggregate building”).

(2) On October 14, 2014, the Plaintiff was granted a loan of KRW 240,000,000 to I as interest rate of KRW 5.8% per annum on the same day to secure it. On the same day, the Plaintiff received from I a registration of creation of a mortgage over KRW 312,00,000 for the instant land.

3) In addition, from January 28, 2015 to September 30, 2015, in order to secure a loan by setting a total of KRW 1.2 billion to I as interest rate of KRW 8% per annum, the Plaintiff obtained from I, on January 28, 2015, the registration of creation of a mortgage over the instant aggregate building amounting to KRW 1.56 billion with respect to the instant land, and the Plaintiff agreed to obtain the registration of establishment of a mortgage over the instant aggregate building upon the transfer of the right to implement the construction of the instant aggregate building, upon the completion of the said aggregate building. (B) The creditor K applied for the registration of preservation of ownership and the registration of establishment of a mortgage on each of the instant aggregate buildings against I to preserve the right to claim the establishment of a mortgage over the instant aggregate building, and the said court decided to prohibit provisional disposition on August 28, 2015.

Accordingly, on September 1, 2015, each household of the instant aggregate building (excluding No. 305) including each of the instant real estate, which was completed prior to the entrustment of the aforementioned provisional disposition, was registered upon the entrustment of the registration. On the same day, registration of preservation of ownership was completed for each of the instant units of real estate, and on the same day, the Ulsan District Court Yangsan District Court received 59430, Jul. 28, 2015, with the maximum debt amount of KRW 450,00,000,000, M, and N, respectively.

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