logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.21 2016가합542831
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. The collateral security register concluded on April 30, 2012 between Defendant A and F.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against F. The Plaintiff (former trade name: C&C Corporation; hereinafter “Plaintiff”), regardless of whether before or after the mutual change.

(2) On June 12, 2004, the Seoul Central District Court 2004da189292, filed a lawsuit seeking the payment of the acquisition amount against G and F, the principal debtor, and the guarantor, and on October 21, 2004, the above court rendered a ruling that G and F shall jointly pay to the Plaintiff KRW 826,267,028 and delay damages. The above ruling became final and conclusive on December 7, 2004.2) After receiving the above ruling, the Plaintiff collected KRW 938,010 against G’s third debtor, Hyundai Marine Fire Insurance Co., Ltd. on April 28, 201.

B. The conclusion of a sales contract for the instant land and the establishment of the instant right to collateral security 1) F were the spouse of H, who was the son of H. The I died on July 5, 1982. 2) H, on November 3, 2009, drafted a letter of delegation to F, on which all matters concerning the disposal of each real estate listed in the separate sheet (hereinafter “instant land”) owned by H were delegated to F, and a letter of notarized to this effect in the presence of a notary public.

3) F is in the position of H’s agent and around December 4, 2009, K Co., Ltd. (hereinafter “K”).

B) The sales contract on the instant land was prepared between the Plaintiff and the Plaintiff. The said sales contract states that “The sales price for the instant land shall be KRW 2.5 billion, but the down payment of KRW 200 million shall be paid in December 28, 2009; the remainder of KRW 1.5 billion shall be paid in December 30, 2009; and the remainder shall be replaced by creating a collateral security (120% of the remainder of the maximum bond amount) on the instant land; 4) F and K, etc. shall submit the said documents to L to the certified judicial scrivener and owned by H. as to the instant land by the Seoul Central District Court No. 96663, Dec. 31, 2009.

arrow