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(영문) 광주고등법원 2019.04.05 2017나15736
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

Between Co., Ltd. I and the network H, Gwangju Seo-gu JJ 1614.

Reasons

1. Basic facts

A. I’s acquisition of the instant land (1) between N on October 17, 2014, and N from O on June 24, 2009, acquired the purchaser status of the instant land that was purchased by N from N on June 24, 2009, and KRW 140,000,000 as down payment shall be paid on October 17, 2014, and the remainder 1,260,000,000,000 shall be paid on January 15, 2015; 2) I agreed to pay the remainder 1,260,000,000,000 won from P Co., Ltd (hereinafter “P”) on January 22, 2015 after obtaining a loan of KRW 650,00,00,000 from N on July 5, 200, 600,000 and thereafter paid the remainder to H as the remainder of the instant land borrowed.

3) On January 22, 2015, I succeeded to the buyer status of the instant land owned by N and the Korea Land and Housing Corporation through a third party agreement with N and the Korea Land and Housing Corporation, and on the same day, I completed the registration of transfer of ownership with respect to the instant land based on sale and purchase on June 24, 2009. (B) I signed a real estate security trust agreement with M Co., Ltd. (hereinafter “M”) to secure the above loan obligations against P on January 22, 2015, P as priority beneficiary, and the amount of priority profit limit is KRW 845,00,000, respectively, and completed the registration of trust in the name of M.

2) In addition, in order to secure the above 600,000,000, which was borrowed from H on January 22, 2015, I entered into a promise for payment in kind as follows (hereinafter “instant promise for payment in kind”); and 600,000,000,000, which was borrowed from H is “the first amount”).

(i) An agreement (No. 1).

2. H simultaneously with the preparation of an agreement, borrows KRW 600,000,000 shall be granted to I, K and L as the remainder of the land in this case.

3. I, K, and L shall pay 600,000,000 won borrowed from H until April 22, 2015.

4. I, K, and L pay the balance of the land in this case and trust I for M after the completion of ownership transfer registration.

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