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(영문) 의정부지방법원 2017.11.03 2017가합50522
사해행위취소
Text

1. The plaintiff's claims against the defendant (appointed party) and the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On November 18, 2013, the Plaintiff loaned KRW 1,000,00,000 to G (i.e., redemption date, KRW 4.51% of the interest rate, and overdue interest rate of KRW 18.51% on Nov. 18, 2018) (hereinafter “instant loan”). On the same day, the Plaintiff completed the registration of the establishment of a mortgage and the creation of superficies on the real estate listed in the attached Table 1, which is owned by G (hereinafter “instant site”).

B. On November 22, 2013, the Plaintiff consented to the use of land so that G may construct a building on the ground of the instant site.

G, upon obtaining permission for the completion of construction of the above building, the registration of preservation of ownership was made immediately, and within seven days thereafter, the G agreed to set up the first priority mortgage of KRW 1,300,000 with the maximum debt amount of KRW 1,30,000 on the Plaintiff with superficies (hereinafter “instant agreement”).

C. On May 22, 2015, H obtained a decision of provisional seizure of KRW 870,00,000 (No. 2015Kadan50143) as to a building under construction on the ground of the instant site (hereinafter “instant building”) on the claim amounting to KRW 870,00,000, and upon entrustment of the registration of such provisional seizure, registration of ownership preservation in the name of G was completed on May 27, 2015.

As to the instant building, (1) on May 27, 2015, the establishment registration of the maximum debt amount of 300,000,000 won due to the contract, G, the debtor, the designated mortgagee of the right to collateral security, the establishment registration of the right to collateral security, (2) the establishment of the right to collateral security, which was based on the contract on May 27, 2015, and (3) the establishment registration of the right to collateral security, which was based on the contract on June 2, 2015, the maximum debt amount of 50,000,000,000 won due to the contract on June 2, 2015, G, the debtor, the defendant B, the right to collateral security, the debtor G, the right to collateral security, the right to collateral security, and the right to collateral security, and (4) the debtor C, the defendant C, the right to collateral security, and (5) the debtor C, the debtor G, the right to collateral security, 00,30,00,30.

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