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(영문) 서울중앙지방법원 2016.01.29 2015나36807
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On January 6, 2009, the Plaintiff entered into a lease agreement with the National Bank of Korea (hereinafter “National Bank”) and the maximum debt amount of 115,700,000 won (hereinafter “the lease agreement”) from February 23, 2009 to February 22, 201 with respect to the leased property indicated in [Attachment C] ownership (hereinafter “the loan”). On February 22, 2011, the lease deposit was increased to KRW 130,000,000, and the lease term was changed to February 22, 2013. (B) The lease agreement of this case was concluded on 130,000,000 won (hereinafter “the maximum debt amount of 201,000,000 won”) with the priority of 115,700,000 won (the maximum debt amount of 201,000,000 won) and 10,001,01.

C. On November 27, 2012, upon the application of the National Bank, which is the first secured mortgage, the first secured mortgage, the procedure was commenced on November 27, 2012. Accordingly, on May 31, 2013, the Plaintiff paid to the National Bank in subrogation of KRW 102,565,31 of the principal and interest of the loan to C, and withdrawn the said auction, and completed additional registration from the National Bank, which is the first secured mortgage holder No. 1 as the Plaintiff.

On July 10, 2013, the Plaintiff filed a lawsuit against Suwon District Court for the return of lease deposit and the amount of principal and interest on subrogation with Sungwon District Court 2013Kahap1736, which stated that “The Plaintiff shall pay the amount of KRW 232,565,311 (10,000,000 subrogated payment of KRW 102,565,311) and the delay damages for KRW 102,565,311 among them,” and that “The Plaintiff shall pay the amount of delay damages for KRW 102,565,311 to the court J on July 11, 2014.”

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