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(영문) 서울북부지방법원 2013.11.06 2012가합10458
사해행위취소
Text

1. The part concerning the revocation of fraudulent act and the claim for restitution in the lawsuit in this case shall be dismissed.

2. The plaintiff's remaining claims.

Reasons

1. Basic facts

A. After having agreed to borrow KRW 300,000,000 from C, the Plaintiff entered into a mortgage agreement with C on June 21, 2001 with respect to the debtor E (a partner of the Plaintiff) and the maximum debt amount of KRW 500,00,000 with respect to a parcel of land, 93 square meters and 14 square meters (hereinafter “mortgage”), and completed the registration of the establishment of a mortgage on June 22, 2001.

B. C on June 28, 2001, lent KRW 20 million to the Plaintiff, and the remainder of KRW 280,000,000 did not lend to the Plaintiff.

C. C on April 24, 2007, filed an application for voluntary auction with the Suwon District Court for secured real estate amounting to KRW 1,521,393,972, including the principal of the loan extended with the claim claim amounting to KRW 320,00,000,00, and interest or delay damages thereon, KRW 1,201,393,972.

On April 22, 2008, the above court distributed to C KRW 269,243,874,30 among KRW 928,874,30, KRW 750, KRW 729,65, KRW 529,650, KRW 541,962, KRW 571,977, KRW 230,756, KRW 160, KRW 749, KRW 949, KRW 94, KRW 940, KRW 463,879, and KRW 463,879, and KRW 1241,747, and KRW 5, the debtor holding the provisional attachment, and KRW 124,747, the debtor holding the provisional attachment.

The Plaintiff filed a complaint against C in fraud, and filed a lawsuit against C by Seoul Central District Court 2008Gahap89892, ordering C to return the amount distributed in excess of the actual amount of the claim as unjust enrichment.

On April 8, 2009, the above court rendered a judgment that “C shall pay to the Plaintiff KRW 218,311,331 and any delay delay damages.”

C An appeal, appeal, and all of the appeals were dismissed, and the judgment of the first instance became final and conclusive on June 24, 2010.

E. C is the Defendant with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as the only property on April 29, 2008, as indicated in the separate sheet (hereinafter “instant purchase and sale reservation”).

At the time, the contract is not drawn up.

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