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(영문) 수원지방법원안산지원 2016.11.23 2016가단53725
사해행위취소
Text

1. The share of 1/2 and 1/2 of the share of 542 square meters in Ansan-si 3,425 square meters between the Defendant and B in Ansan-si.

Reasons

1. Basic facts

A. On March 25, 2010, the Plaintiff’s claim against B (1) obtained a loan from Solomon Mutual Savings Bank No. 1312 and No. 701 (hereinafter “E apartment”) as collateral, and the Plaintiff created a collateral security against the said Solomon Mutual Savings Bank (hereinafter “E apartment”) on the same day on the same day on the ground of the contract signed on March 25, 2010.

(2) The above claims and collateral security by Solomon Mutual Savings Bank were transferred to Korea Financial Savings Bank on the grounds of a decision to transfer contract as of September 6, 2012, and the above claims and collateral security were subsequently transferred to the Plaintiff on January 29, 2015, via Myo Asset Management Co., Ltd. and Myyo Asset Management Co., Ltd. and a limited-liability company specialized in Myo Asset Securitization, which finally transferred to the Plaintiff on January 29, 2015, and the Ethy Asset Securitization Specialized Co., Ltd. notified the Plaintiff on February 17, 2015 and delivered B at the time of the notification.

(3) At the time of holding the above bonds, the Korea Finance Savings Bank applied for a voluntary auction of the E Apartment with the Suwon District Court, which had been in progress, and the auction procedure was conducted on December 6, 2013. The E Apartment was sold as of December 6, 2013. The Plaintiff was paid only part of the bonds and was finally not paid the debt amounting to KRW 261,182,749.

B. On November 28, 2014, B and the Defendant entered into a contract between B and the Defendant on the payment in substitutes between B and the Defendant: (a) the Defendant: (b) the share 1/2 of the 3,425 square meters of the 3,000 square meters in Ansan-si, Ansan-si, the Defendant; and (c) the share 1/2 of the 542 square meters in the 1/2 square meters in each of the instant real property; and (b) the share 1/2 of the 1/2 shares in each of the instant real property is “each of the instant real property.” (hereinafter “instant payment in substitutes”) with respect to each of the instant real property as of December 10, 2014, the ownership transfer registration for each of the instant shares was made in the future of the Defendant with respect to each of the instant shares.

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