logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.12.20 2016가합48528
사해행위취소
Text

1. A sales contract concluded on June 10, 201 between the Defendant and Nonparty C on each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On February 3, 2015, Nonparty C entered into a mortgage agreement with the Defendant as to the real estate indicated in paragraph (1) of the attached Table No. C, which is owned by C, and completed the registration of establishment of a mortgage on the said real estate due to the said contract. ② The Defendant entered into a mortgage agreement with the Defendant regarding the real estate indicated in paragraph (3) of the attached Table No. C, which is owned by C, with the maximum debt amount, and completed the registration of establishment of a mortgage on the said real estate due to the said contract. ③ As to the real estate indicated in paragraph (4) of the attached Table No. C, Nonparty C and the Defendant were registered to establish a mortgage on the said real estate (hereinafter referred to as “mortgage No. 1”).

A) The establishment registration of a neighboring mortgage (hereinafter referred to as the “establishment registration of a neighboring mortgage”) based on the establishment registration of a neighboring mortgage consisting of 50,000 won (hereinafter referred to as the “the creation registration of a neighboring mortgage”) to the Defendant.

2) On April 29, 2015, C concluded a joint mortgage agreement with the Defendant as to each real estate listed in attached Tables 2, 5, and 6 of the Schedule C (hereinafter “second mortgage agreement”) as to each real estate owned by C (hereinafter “second mortgage agreement”). On the same day, C concluded a joint mortgage agreement with the Defendant as to each real estate listed in attached Tables 1 and 2, and on the same day, C concluded a joint mortgage agreement with the Defendant as to each of the above real estate due to the said contract, the joint mortgage registration (hereinafter “second joint mortgage registration”) was completed by 150,000,000 for the maximum debt amount (hereinafter “the creation registration of each of the instant mortgages”).

B. On June 10, 2016, Nonparty C’s act of transferring ownership: (a) the sales contract between the Defendant and the Defendant to sell each of the real estate listed in the separate sheet, owned by C, in the purchase price of KRW 840,00,000 (hereinafter “instant sales contract”).

arrow