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(영문) 대전지방법원 2016.04.21 2015가단21254
사해행위취소 등
Text

1.(a)

On May 12, 2014, the defendant and the non-party B concluded each real estate listed in the attached list Nos. 1 and 2.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that sells medical devices, and Nonparty B is a person who operates D's won in Daejeon Jung-gu, Daejeon.

The Plaintiff supplied a medical device to B from 2006 to November 12, 2014, and the amount of goods that B failed to pay to the Plaintiff was KRW 245,959,350 as of December 15, 2009, and KRW 190 million as of May 15, 2014. As of November 12, 2014, the final transaction date was KRW 194,634,350.

B. The Defendant loaned KRW 30 million to B, around May 29, 2012, KRW 70 million around August 22, 2013, KRW 151,517,195 around May 12, 2014, and KRW 62.5 million around May 13, 2014.

C. On May 12, 2014, the Defendant entered into a pre-sale agreement with B on each real estate indicated in the separate sheet, which is owned by B, under the pretext of security for the said loan, payment in substitutes, etc., and on the ground of this, the Daejeon District Court Daejeon District Court’s provisional registration on May 12, 2014 as the receipt of the claim for transfer of ownership was completed.

Then, on November 14, 2014, the Defendant entered into a sales contract with B on each of the real estate listed in the separate sheet, and on this ground, the Daejeon Daejeon Registry completed the registration of ownership transfer as the receipt of No. 67195 on November 19, 2014.

At the time of the conclusion of the above sales reservation and sales contract between the Defendant and B, the active property of B was equivalent to KRW 2.4 billion including KRW 165,00,000,000, and KRW 2.88,884,300, as indicated in the attached list, and the passive property was equivalent to KRW 3.3 billion.

E. On September 20, 2012, on the real estate indicated in the separate list Nos. 1, 2012, the registration of creation of a mortgage was completed, which was the maximum debt amount of 1.8 billion won, the debtor B, the mortgagee B, and the Rocheon-dong Livestock Cooperative, pursuant to Article 54610, which was received by the above Daejeon Daejeon Daejeon Registry, but on May 12, 2014, the Defendant repaid the secured debt amount of 151,517,195, and cancelled the registration of creation of a mortgage near the above secured debt.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, 10, and 9, the purport of the whole pleadings

2. The arguments of the Parties; and

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