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(영문) 대구지방법원 2018.07.12 2017가단109448
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. From around 2010, D operated a restaurant in the name of E-cafeteria from the single-story building listed in paragraph (2) of the [Attachment List owned by it (hereinafter “D-owned building”). From October 4, 2016, around 06:00, fire occurred inside the instant building, and the building owned by the Plaintiffs was relocated to the instant building and to the F low-riseed building on the ground (hereinafter “Plaintiff-owned building”) owned by the Plaintiffs, the building owned by it, and the building owned by D was partially burned.

(hereinafter referred to as the “instant fire”) B.

With respect to each real estate listed in the separate list owned by D, on January 2, 2017, the establishment registration of mortgage (hereinafter “registration of the instant mortgage”) was completed on the same day on the same day (hereinafter “instant mortgage contract”).

C. At the time of the registration of the instant right to collateral security, D, including D-owned buildings damaged by the instant fire, owned each of the real estate listed in the separate sheet in the total market value of KRW 111,078,000,000, including that of D-owned buildings damaged by the instant fire, and as a small property, D was liable for loans worth KRW 9,00,000 to community credit cooperatives.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings as a result of an order to submit financial transaction information to the Korea Credit Information Institute

2. The plaintiff asserted that the fire of this case caused damages equivalent to KRW 104,90,00, which is the cost of repairing or reconstructing the building owned by the plaintiffs, as a result of the fire of this case. Accordingly, the plaintiff has the right to claim damages equivalent to the above amount against D. As to each real estate listed in the separate sheet, which is the only property of D, the creditor, the maximum debt amount of KRW 200,000,000 between the defendant and the creditor.

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