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(영문) 서울중앙지방법원 2016.08.10 2014가단5325054
사해행위취소
Text

1.(a)

On March 28, 2014, Nonparty B and the Defendant made a pre-sale agreement on the real estate stated in the attached Table 1.

Reasons

1. On May 31, 2013, the Plaintiff: (a) determined on November 30, 2018, the amount of KRW 450 million to Nonparty B (hereinafter “instant loan”); (b) KRW 2.82% of the interest rate base rate; and (c) KRW 550 million on June 10, 2013 (hereinafter “second-party loan”); and (d) lent each of the loans (hereinafter “the instant loan”) on June 10, 2014, by setting the period for repayment as KRW 1.62% of the interest rate base; and (e) KRW 50 million on June 10, 2013.

However, with respect to the first claim, Defendant B shall be liable for the first claim on June 11, 2014, and the second claim on the second claim on the same year.

7. Around 23. Around November 11, 2014, each interest payment was delayed and the first claim amounting to KRW 402,563,978 as of November 11, 2014, and KRW 579,627,668 as of November 11, 201.

To secure the claim 1 and 2, the Plaintiff, Nonparty C, and D set up a maximum debt amount of 715,00,000,000 won with respect to the land Heung-gu, Yong-si on June 5, 2013, and the right to collateral security against the Plaintiff, the Plaintiff, and the debtor B, out of the claims 1 and 2, the remaining KRW 262,50,000, excluding KRW 715,000,000, which are secured by the said right to collateral security.

On the other hand, on April 3, 2014, Nonparty B registered the ownership transfer registration right based on the pre-sale agreement (hereinafter “instant pre-sale agreement”) made on March 28, 2014 with the Defendant (hereinafter “Defendant B”) as the Jeju District Court’s registration and receipt No. 28665 on April 3, 2014.

In addition, Nonparty B’s Schedule

2. to 2.

4. On March 24, 2014, the head of the Jeonju District Court received a registration office of the head of the competent district court on March 24, 2014, each of the sales contracts with the Defendant on March 24, 2014 (hereinafter “instant sales contract,” and the instant sales contract and the instant sales contract, etc.”), completed the registration of ownership transfer to each of the Defendant.

Nonparty B was in excess of the obligation at the time of concluding the instant sales contract, etc.

[Ground of recognition] The fact that there is no dispute, and Gap 1 through 11 respectively.

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