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(영문) 대전지방법원논산지원 2014.10.16 2014가단775
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on September 27, 2012 between the Defendant and C regarding the real estate stated in the attached list.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by taking into account the following facts: Gap evidence 1, 2-1, 2, and 4; the witness C’s testimony; the conversion of this court’s chinesf credit union head; and the chief director of the Saemaul Security Council of the Republic of Korea who has been carrying out the play, the whole purport of the arguments.

(1) On June 18, 2012, the Plaintiff: (a) concluded a contract with 96,640,000 won for the construction of the instant construction site, among the construction of the instant construction site on five lots of land (hereinafter “instant construction”); and (b) the construction of the instant construction site on five lots of land (hereinafter “instant construction”) with the purchase price of KRW 53,580,000; and (c) the construction of the instant construction site on five lots of land (hereinafter “instant construction”).

(2) On September 26, 2012, the Plaintiff suspended the instant construction work by deeming that the Defendant did not pay the price.

At the time, 90% of the construction cost of the instant case was about KRW 27,00,000 among the construction cost of the instant case.

3) On April 16, 2014, the Plaintiff filed a lawsuit against C with the Daejeon District Court 2013Gahap171, and sentenced C to the Plaintiff for payment of KRW 113,838,000 as the construction price of the instant construction project, etc. B. (1) C entered into a mortgage contract with the Defendant, who was erroneous on September 27, 2012 (hereinafter “instant contract”), and completed the registration of the establishment of a mortgage (the maximum bond amount of KRW 50,00,000, hereinafter “instant mortgage”). As to real estate listed in the attached list in the Defendant’s future, C completed the registration of establishment of the right to collateral security (the maximum bond amount of KRW 50,000,00, hereinafter “instant mortgage”).

2 At the time of the instant contract, the real estate listed in the attached list was the only real estate owned by C.

At the time, C had no property other than the real estate listed in the separate sheet and the lease deposit equivalent to KRW 5,00,000,000. On the other hand, in addition to the obligation to pay the construction price of this case to the Plaintiff, the loans amounting to KRW 31,70,000 to the Saemaul Bank of the Meetical State, and the loans amounting to KRW 6,00,000,000.

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