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(영문) 수원지방법원안양지원 2016.11.25 2014가합4755
사해행위취소
Text

1. The plaintiff's action against the defendant A shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. On September 15, 2010, the Plaintiff: (a) determined that KRW 345,00,000 for C was due on September 15, 2015; (b) interest rate CD circulation rate of 4.7%; and (c) interest payment was paid monthly; and (d) lent monthly interest payment to C to the loss of the benefit of time due for delay in one month.

(hereinafter “instant loan agreement”). (b)

C On March 22, 2012, Defendant A entered into a mortgage agreement with regard to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) (hereinafter “instant collateral creation agreement”), and on the same day, Defendant A completed the registration of establishment of mortgage over the maximum debt amount of KRW 800,000,000, and the debtor C’s establishment of mortgage over each of the instant real estates listed in the separate sheet (hereinafter “instant real estates”).

(hereinafter referred to as “registration of the first priority mortgage”) C.

C On October 1, 2013, after concluding a contract to establish a mortgage on each of the instant real estate with Defendant B (hereinafter “instant contract to establish a mortgage”); on the same day, Defendant B completed the registration of establishment of a mortgage on each of the instant real estate as the Seoul Southern District Court’s receipt of the registration office of the Seoul Southern District Court amount to KRW 150,000,000,000, and the debtor C as the debtor.

(hereinafter referred to as “registration of the second collateral security”). 【No dispute exists concerning the ground for recognition, entry of Gap evidence Nos. 1 and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings.

2. The Plaintiff alleged that the instant No. 1 and No. 2 concluded between C and the Defendant A and B constituted a fraudulent act, and filed against the Defendant A a claim against the Defendant for the cancellation of the instant No. 1 and the cancellation and restitution of the instant No. 2 and the registration of the instant No. 2 as the cancellation of the instant No. 1 and the instant No. 2 as the restitution.

3. Whether the lawsuit against the defendant A is lawful

A. We examine ex officio whether a lawsuit against Defendant A is legitimate.

(b) The obligee’s right of revocation has cancelled the obligor’s act of disposal of his property by fraudulent act.

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