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(영문) 수원지방법원성남지원 2017.11.22 2016가단229224
사해행위취소
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 2, 2010, Nonparty C borrowed KRW 800,000 from Nonparty Hannam Credit Union (hereinafter “Hannam Credit Union”). Nonparty C established a right to collateral security with a maximum debt amount of KRW 1,440,000,000 against the land owned by Nonparty D and E, including the Fluan City of Gwangju (hereinafter “each of the instant lands”).

B. Each of the instant lands was newly constructed on the surface of each building listed in the separate sheet Nos. 1 and 2 (hereinafter “each of the instant buildings”), and Defendant A entered into a lease agreement with Nonparty C, E, and Nonparty C, on June 18, 2010 and June 24, 201 with respect to the two units of the building listed in the separate sheet Nos. 1, respectively, and obtained a fixed date on each of the said lease agreements, and Defendant B obtained a lease agreement with respect to each unit of the building listed in the separate sheet Nos. 1, 200 million won. Defendant B entered into a lease agreement with Nonparty C and E on April 8, 201 with respect to each unit of the building listed in the separate sheet No. 2, and obtained the fixed date lease agreement.

(hereinafter referred to as “each of the instant lease agreements”) C.

The plaintiff around July 2014, from the non-party partnership the above A.

On August 18, 2014, each of the instant lands was acquired with the right to collateral security (right to collateral security) together with the right to collateral security (right to collateral security). D.

On October 13, 2014, Defendant A entered into a mortgage agreement with Nonparty C and created a mortgage based on which the maximum debt amount is KRW 210,00,000,000 out of the above lease deposit, as a preserved claim for the return of the lease deposit with respect to the real estate stated in the separate sheet No. 1, and Defendant B entered into a mortgage agreement with Nonparty C and E on the same day with respect to the real estate stated in the separate sheet No. 2, with the secured claim for the return of the lease deposit, and created the mortgage accordingly.

each of the above.

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