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(영문) 서울고등법원 2016.08.26 2014나25926
사해행위취소를원인으로한근저당권설정등
Text

1. The part of the judgment of the court of first instance against Defendant B, which exceeds the amount ordered to be paid below, shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff each holds a loan certificate stating that Defendant B borrowed KRW 51,500,000 from Defendant E at a maturity of six months, ten percent per annum (Evidence A 3-6), and a loan certificate stating that the Plaintiff borrowed KRW 35,00,000 on August 29, 201 without the due date and interest rate fixed (Evidence A-3-7).

No evidence No evidence No. 4-16, 00, 00 won shall be 12% per annum of 16,400,000 won on April 27, 2011, and No evidence No. 4-12% per annum of 12% No evidence No. 4-3, 8,000,000 won on May 3, 2011; No evidence No evidence No. 4-11, 00, 00, 00 won No. 4-1, 50. 1, 201; No evidence No evidence No. 40-1, 00, 00 won No. 1, 40-1, 00-1, 00-1, 20-4, 00-1, 20-4, 00-1, 7, 200-1, 200-1, 7, 2004

B. The Plaintiff each holds 11 copies of the loan certificate stating that Defendant B borrowed each of the amounts indicated below from Defendant B.

C. On May 20, 2013, Defendant B completed the registration of ownership transfer for each of the real estate listed in Articles 3 and 4 of the attached Table to Defendant C (hereinafter “instant I real estate”) based on the donation on March 30, 2013 (hereinafter “instant donation contract”).

Defendant B, on May 22, 2013, committed against Defendant C with respect to each of the real estate listed in the attached Tables 1 and 2 (hereinafter “instant H real estate”), on the ground of the collateral security contract (hereinafter “instant collateral security contract”) between the Seoul Central District Court and the 200,000,000 won, and the debtor B and the mortgagee C, based on the receipt of the 24322 registry office of the Seoul Central District Court, May 21, 2013.

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