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(영문) 부산지방법원 2016.10.11 2016가단315665
사해행위취소
Text

1. Defendant C’s KRW 35,358,90 for the Plaintiff and KRW 5% per annum from March 23, 2014 to April 28, 2016.

Reasons

1. Basic facts

A. On March 7, 2014, the Plaintiff subrogated to the Korea Asset Management Corporation for KRW 35,358,90 on behalf of Defendant C.

B. Meanwhile, Defendant C completed the registration of ownership transfer for the reason of sale on March 27, 2015, No. 21321, which was received on March 27, 2015, with respect to the real estate listed in the separate sheet to Defendant B, with respect to the Busan District Court’s East Busan District Court’s Dong Branch, and the registration of ownership transfer for the reason of sale on January 5, 2015, on February 17, 2015, acquired the State’s share and acquired all ownership on February 17, 2015, and completed the registration of ownership transfer for the reason of sale on December 18, 2014.

C. The above B.

At the time of each purchase and sale contract under each paragraph, Defendant C had a share of 96/248 square meters (43,35,00 won at a market price, 43,35,00 won; hereinafter referred to as the “instant road”) among the shares of 115 square meters in Busan-gu D road (hereinafter referred to as “the instant road”) in addition to each real estate listed in the attached list, and F and siblings, which are joint inherited with the father, A, H, I, J, and K, and the land buildings (159,073,200 won at a market price, 19,116,060 won at a market price, and hereinafter referred to as “L real estate”). With respect to L real estate, there was no other property under the name of the Dong Mutual Saving and Finance Company, the total maximum debt amount of which is 86,00,000 won, and there was no other property.

On April 10, 2015, the Defendant concluded a mortgage agreement with the Namcheon Credit Union (hereinafter referred to as the “Seocheon Credit Union”) with respect to each real estate listed in the separate sheet as the maximum debt amount of 182,00,000,000 won, and with respect to each real estate listed in the separate sheet, the Defendant concluded a mortgage agreement with the debtor and the non-party to the mortgage, and with respect to each real estate listed in the separate sheet, the Busan District Court rendered the registration of establishment of a mortgage for each real estate listed in the separate sheet as the branch branch of the Busan District Court on April 10, 2015.

[Reasons for Recognition] There is no dispute between the parties, Gap 1.

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