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(영문) 대전지방법원천안지원 2016.04.27 2014가단8338
사해행위취소 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff lent KRW 600 million to C around October 6, 2008.

B. On January 11, 2011, C entered into a sales contract with the Defendant on the pertinent real estate of 472 square meters (hereinafter “instant real estate”). On January 13, 2011, C entered into the instant sales contract with the Defendant (hereinafter “instant sales contract”) and completed the registration of ownership transfer under the name of the Defendant with respect to the instant real estate.

C. At the time of the conclusion of the instant sales contract, C was in excess of its obligation by holding positive and negative property as follows.

(1) 1,657,291,970 won in total: 2/3 of the equity interest in the land of this case, 295,000 won in ASEAN; 29,500,000 won in ASEAN; 294,149,560 won in ASEAN; 3, 837,295,280 won in ASEAN; 4, 95,280 won in ia JJ and buildings: 95,847,130 won in ia; 102 (hereinafter referred to as "each real estate"): 135,000,000 won in total; 370,000 won in collateral security claims against the plaintiff; 4,000 won in maximum amount of collateral security claims (30,000 won in maximum amount of collateral security claims against the plaintiff; 600,000 won in maximum amount of collateral security claims (hereinafter referred to as 300,000 won in aggregate collateral security claims against the plaintiff.

D. Meanwhile, in order to secure the above loan claims, the Plaintiff completed the registration of the establishment of a neighboring mortgage with respect to the J land and building with a maximum debt amount of KRW 700 million on January 3, 201, and the Plaintiff as Daejeon District Court Branch of 2011Kahap301 on October 10, 201 with regard to the above loan claims as the claim amount.

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