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(영문) 서울고등법원 2015.07.08 2015나2000357
사해행위취소 등
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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit against Hart Co., Ltd. supplied exhaust cable, etc. to Hart Co., Ltd. (hereinafter “Korea Lart”) from October 1, 201 to February 1, 201, but did not receive KRW 187,597,736 out of the price of the goods, and the Plaintiff filed a lawsuit claiming the purchase price against Lart for the payment of the said goods on April 10, 2012, and the decision of recommending settlement was finalized to receive KRW 187,597,736 from April 30, 2012 to July 31, 2013.

B. On October 21, 2013, Ear’s provisional registration against the Defendants and establishment of a right to collateral security (hereinafter “the instant provisional registration”) concluded a pre-sale agreement (hereinafter “instant pre-sale agreement”) with Defendant Il Steel Co., Ltd. on each of the real estate listed in the separate sheet owned by Defendant Il Steel as collateral for the obligation to Defendant Il Steel (hereinafter “each of the instant buildings”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) with Jincheon District Court No. 17394 of October 21, 2013, which was received on October 21, 2013.

On October 21, 2013, B and each of the buildings of this case (hereinafter referred to as “mortgage 1”) were concluded with the Cheongju District Court on October 21, 2013, and the Cheongju District Court on October 21, 2013 completed the registration of creation of mortgage (hereinafter referred to as “registration of creation of mortgage”) with the Cheongju District Court on the 350,000,000,000 won, the Cheongju District Court on October 21, 2013, the Cheongju District Court on the Cheongju District on the Cheongju District Court on the 17392, and the Cheongju District Court on the Haju District Court on the Haju District Court on the Haju District, B transferred the 1st mortgage to the name of the Defendant Co., Ltd. (hereinafter referred to as “Defendant Jongcheon Cable”) on November 15, 2013

(1) On October 21, 2013, defendant A and the building of this case are provided with a right to collateral security.

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