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(영문) 수원지방법원안산지원 2017.07.12 2016가단10599
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The following facts may be acknowledged in light of the overall purport of the arguments in the statements in Gap evidence Nos. 1 through 3 and No. 5, and there are no counter-proofs.

(1) As to Nonparty B, the Plaintiff, as of April 15, 2016, has a security deposit claim for KRW 58,872,010, such as the outstanding principal and late payment due to early termination of the lease agreement.

(2) On the other hand, B was also liable for the national bank, Hyundai Capital, Korea C&T bank, Samsung Card, Korea’s card, and lot cards, and was also liable for the guaranteed debt to Hyundai Capital, National Bank, etc.

(3) However, on March 10, 2016, with respect to the real estate listed in the separate sheet owned by B (hereinafter “instant real estate”), the ownership transfer registration was completed in the Defendant’s future on March 10, 2016 as the Suwon District Court’s Ansan Branch Office received on March 10, 2016 as the receipt of No. 12687, Mar. 10, 2016.

(4) As of October 6, 2004, the establishment registration of a neighboring mortgage was completed with respect to the instant real estate as of October 6, 2004, with the maximum debt amount of 1.3 million won, the debtor B, and the National Bank of Korea Co., Ltd. as of the debtor, the mortgagee B, the mortgagee B, and the National Bank of Korea Co., Ltd. as of January 30, 2007, and the establishment registration of a neighboring mortgage was completed with the maximum debt amount of 1.79 billion won, the debtor B, and the National Bank of Korea as of January 6, 2008, the establishment registration was completed with the maximum debt amount of 1.4 million won as of October 6, 2008, and the secured debt amount of each of the above secured debt was completed with the purchase price of each of the above secured debt amount of 200,371,485 won as of the date of the instant sales contract, but each of the above secured debt was revoked.

(5) The instant real estate was the only active property B, but the market price of the instant real estate at the time of the closing of the argument in the instant case was KRW 340 million.

(b).

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