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(영문) 의정부지방법원 2021.01.28 2020나203429
사해행위취소
Text

The judgment of the first instance is revoked.

The plaintiff's primary and conjunctive claims are all dismissed.

The total cost of the lawsuit shall be.

Reasons

1. Basic facts

A. On August 13, 2010, D drafted and drafted a receipt to receive KRW 45 million from the Plaintiff, stating that it borrowed KRW 45 million from the Plaintiff. On the same day, D and F also borrowed KRW 45 million from the Plaintiff.

B. The Plaintiff filed an application with D for payment order with the Seoul Central District Court No. 2012 tea 29017, supra, that “D shall pay to the Plaintiff 90,000,000 won and 20% interest per annum from January 201 to the date of full payment.”

On May 11, 2012, the above court decided to accept the Plaintiff’s claim, and the decision became final and conclusive on June 6, 2012.

(c)

D On January 28, 2014, as the only real estate owned by it, made a pre-sale promise to sell 850 square meters (hereinafter “instant pre-sale promise”) to the Defendant (hereinafter “instant pre-sale promise”). On January 29, 201, the right to file a claim for ownership transfer (hereinafter “provisional registration of this case”) was completed for the Defendant’s right to file a claim for ownership transfer on the said land (hereinafter “the instant provisional registration”).

(d)

On the other hand, on December 29, 2010, the establishment of the right to collateral security, etc., which is the debtor, the maximum amount of the claims, the amount of KRW 754,00,000, the amount of the claims, and the amount of KRW 2,500,000,000, and the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) of the defendant was completed on January 6, 201. On January 28, 2014, the registration of the right to collateral security was completed on January 28, 2014, and the registration of the establishment of the right to collateral security, the maximum amount of claims, KRW 120,00,000, and KRW 913,90,000,000, and KRW 913,90,000,000, respectively, of the land in this case.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiff D is the sole real estate owned by the parties.

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