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(영문) 광주지방법원목포지원 2016.03.23 2015가단50154
사해행위취소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. From November 201, the Plaintiffs entered into an original consignment contract with the Nonparty Company, received originals from the Nonparty Company, raised them, and then shipped them to the Nonparty Company. As of March 5, 2014, the Plaintiff’s claim for raising expenses, which was not paid by the Nonparty Company as of March 5, 201, is identical to each of the corresponding parts of the Plaintiff’s claim list, and the aggregate amount is KRW 542,178,308.

B. On June 13, 2011, the non-party company concluded a mortgage contract with PPP Co., Ltd., Ltd., and P PPPPS Co., Ltd., and P PPPPS Co., Ltd., and P PPPPS Co., Ltd. with the maximum debt amount of KRW 8.45 million with respect to each of the real estate listed in the list of real estate (hereinafter “each of the instant real estate”), and on June 17, 2011, the non-party company completed the registration of establishment of a mortgage in the future of the said company (hereinafter “PP

(2) On April 16, 2012, the registration of the establishment of a neighboring mortgage was cancelled on the grounds of termination on August 1, 2012. (2) On April 16, 2012, the following: (a) concluded a mortgage agreement that provides for KRW 850,000,000 (hereinafter “mortgage agreement”); (b) on April 25, 2012, the registration of the establishment of a neighboring mortgage (hereinafter “the establishment of a mortgage”) was completed on April 25, 2012 under the receipt of the Young-gu District Court Port Office, Young-gu, Gwangju District Court, and the registration of the establishment of a mortgage was cancelled on the grounds of termination on December 23, 2013.

2) On December 12, 2013, the sales contract with Defendant KK (hereinafter “instant sales contract”).

After the conclusion of the contract, Defendant K for ownership transfer registration (hereinafter “instant ownership transfer registration”) under Article 21355 of the receipt of the Youngam Registry Office of the Gwangju District Court on December 20, 2013.

(c) Defendant K completed a mortgage agreement with Defendant K on December 23, 2013, which provides a maximum debt amount of KRW 520 million, with respect to each of the instant real property, and on the same day, Defendant K entered into a mortgage agreement with Defendant KF on December 23, 2013, and registered the establishment of mortgage to Defendant KF on the same day.

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