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(영문) 서울중앙지방법원 2019.07.10 2018가합526796
사해행위취소
Text

1. The Defendant shall receive on November 26, 2013 from C the Seoul Central District Court with respect to the real estate stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C, etc. 1) D (hereinafter “D”) and other financial institutions are also exempt from the company’s trade name.

(A) On April 15, 2011, C is KRW 3 billion (i.e., KRW 4 billion; KRW 2.6 billion; hereinafter “the instant loan claim”).

(2) On June 3, 2014, E limited liability company received partial loans from D and received dividends for the principal and interest of the loan during the voluntary auction procedure for C-owned real estate commenced upon D’s application. On July 21, 2017, the Plaintiff was transferred from E limited liability company the total sum of KRW 534,418,038 of the outstanding principal of the loan and its interest claim, etc. (hereinafter “this case’s loan”).

3) On November 20, 2017, the Plaintiff applied for a payment order with respect to the instant claim to the Suwon District Court for the payment of KRW 667,756,59, and KRW 400,000 among them, 18% per annum from July 22, 2017 to the date of full payment, 134,418,038 won, 14.39% per annum from July 22, 2017 to November 29, 2017, and 15% per annum from the next day to the date of full payment, and the Plaintiff applied for a payment order with respect to the said real estate (hereinafter “Seoul District Court”). The payment order was issued to the Plaintiff for the payment order of KRW 667,756,599, and the said KRW 400,000,00,000 from the date of full payment, and the Plaintiff applied for a payment order with respect to the compulsory auction of the real estate in Seoul District Court.

B. C, etc. (i) the conclusion of a promise to return substitutes between C and the Defendant, etc.) As to the instant real estate, C is a promise to return substitutes to the Defendant on November 26, 2013 (hereinafter “instant promise to return substitutes”).

(2) On the ground of the foregoing, the Seoul Central District Court’s provisional registration of ownership transfer security (hereinafter “provisional registration of this case”) No. 281206, Nov. 26, 2013

(2) The defendant completed the above compulsory auction procedure.

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