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(영문) 수원지방법원 2016.05.11 2014가단513274
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet No. C owned by C (hereinafter “each of the instant real estate”), the Plaintiff completed the registration of creation of a mortgage on May 2, 2007 by the maximum debt amount of KRW 120 million, the debtor C, and the plaintiff as the right to collateral security, and completed the registration of creation of a mortgage on May 21, 2007 by the plaintiff as the maximum debt amount of KRW 80 million, the debtor C, and the right to collateral security.

B. On October 30, 2009, the Defendant completed the registration of creation of a neighboring mortgage as the Defendant, on the ground of a contract to establish a contract dated October 30, 2009 with respect to each of the instant real property on October 30, 2009.

C. Upon the acceptance of each of the instant real estate by the Korea Land and Housing Corporation, the Defendant received an order of seizure and assignment by subrogation for the amount of KRW 70 million out of the compensation for expropriation of each of the instant real estate by Suwon District Court 2014TT1606, and the said order of seizure and assignment was served on the Korea Land and Housing Corporation on February 3, 2014.

On February 7, 2014, C filed an application for deposit under Article 248(1) of the Civil Execution Act, Article 40(2)4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, with respect to KRW 224,516,050 as deposit money, on the ground that C’s creditors were served on March 22, 2007 a provisional attachment order of KRW 33,00,000 as deposit money in relation to the provisional attachment of claim amount of KRW 224,516,050 as claim amount by subrogation, provisional attachment of claim amount of KRW 224,516,050 as claim amount by subrogation, and the provisional attachment order of KRW 224,516,050 as claim amount by subrogation was served on KRW 224,516,00 as claim amount by subrogation.

F. Each real estate of this case is admitted as of February 11, 2014.

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