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(영문) 수원지방법원안양지원 2014.06.12 2013가단9237
사해행위취소로 인한 근저당권말소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff’s real estate indicated in attached Table 1, which was owned by C on February 4, 2010 (hereinafter “instant commercial building”).

(A) the real estate listed in [Attachment 2] and [Attachment 2] (hereinafter “the apartment of this case”).

The provisional attachment decision was made with respect to the instant commercial buildings and apartment buildings in the amount of KRW 45 million by the court 2010Kadan425, and on the same day the provisional attachment registration was made with respect to the instant commercial buildings and apartment buildings (after that decision, the provisional attachment registration for the instant apartment was revoked according to the decision on partial revocation).

(2) On November 22, 2012, the Plaintiff filed a lawsuit against C with the Seoul Central District Court Decision 201Kadan105155, and rendered a judgment that “C shall pay to the Plaintiff 50 million won and interest calculated at the rate of 20% per annum from August 19, 2011 to the date of full payment,” and the said judgment became final and conclusive around that time.

(C) On May 8, 2012, the Plaintiff obtained a final decision on the amount of litigation expenses that stated that “C shall pay to the Plaintiff by the judgment of the Seoul Central District Court 2012Kao1334 (Seoul Central District Court 201Na27812) is KRW 2,640,795,” and the said decision became final and conclusive as is. (b) The Defendant entered into a collateral security contract with the Defendant as to the instant commercial building on April 4, 2012 with the Defendant, who is a penalty father, and completed a registration of the establishment of a collateral security contract with the Defendant under the name of the Defendant, whose maximum debt amount was KRW 195,500,000,000,000,000,000 won.

(2) On May 10, 2012, the Defendant entered into an additional mortgage agreement with the purport of adding the instant apartment as a joint collateral. On the same day, the Defendant had completed the registration of creation of a neighboring mortgage on the instant apartment by the receipt of the relevant registry office under Article 35814 of the same Act (hereinafter “second collateral mortgage”).

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