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Reasons
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(영문) 창원지방법원 마산지원 2018.10.31 2017가단107356
사해행위취소
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against B 1) The Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”)

(2) As of October 31, 2017, the amount of debt owed by the non-party company to the Plaintiff is KRW 99,990,000 for the principal of the loan as of April 7, 2014, and KRW 469,043 for the agreed interest and overdue interest as of April 10, 2014, and KRW 1,270,000 for the principal of the loan as of April 10, 2014 and KRW 4,96,858 for the interest and overdue interest as of October 31, 2017.

B. On September 19, 2017, the disposal disposition B of the real estate listed in the separate sheet entered into a sales contract (hereinafter “instant sales contract”) with the Defendant as to the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) with the Defendant under the receipt No. 42121 on September 26, 2017, the Changwon District Court Msan Branch Branch Branch.

C. The instant right to collateral security (hereinafter collectively referred to as “each of the instant right to collateral security”) with respect to the instant real estate prior to the conclusion of the instant sales contract, KRW 50,00 won, 1,00,000,000,000 for the debtor B, the mortgagee B, the mortgagee B, the mortgagee B, the mortgagee of the right to collateral security association, the maximum debt amount, and the maximum debt amount, and KRW 5,000,000,000,000,000,000 won.

(2) On September 29, 2018, immediately after the instant sales contract was concluded, an additional registration to change the right to collateral security to the Defendant was made on September 28, 2017 with respect to each of the instant right to collateral security on September 29, 2018, and on September 28, 2017.2) Meanwhile, each of the instant rights to collateral security remains remaining at the time of the change.

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