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(영문) 서울중앙지방법원 2018.02.09 2017나52407
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Between the Plaintiff and the Plaintiff on November 19, 2013, C entered into a lease agreement with the terms that the Seoul Jongno-gu Seoul Metropolitan Government D, F, and their ground buildings owned by C for a deposit of KRW 50 million, KRW 400,000 per month, and the term of lease from April 16, 2014 to April 15, 2021. The said deposit was fully paid until February 10, 2014. To secure the said deposit and the repair cost of the building to be paid by the Plaintiff, KRW 30,000,000,000 won and KRW 150,000,000,000,000 for real estate owned by the Plaintiff, including each of the above real estate, and on February 11, 2014, the Seoul District Court (Seoul District Court No. 2514, Apr. 15, 2014) completed the lease agreement with the Plaintiff (Seoul District Court).

B. On March 7, 2014, the Plaintiff: (a) determined the Seoul Jongno-gu Seoul and its ground buildings as KRW 100 million for lease deposit; (b) additionally leased KRW 150 million per month; and (c) paid KRW 100 million per month; (b) around that time, the Plaintiff entered into a remodeling contract for each real estate with the construction amount of KRW 450 million; and (c) concluded a remodeling contract for each of the above real estate; (d) KRW 300 million out of the above costs, the Plaintiff, and KRW 150 million, shall be borne by C; and (e) the said money borne by C to be preserved by C thereafter.

C. On April 7, 2014, C borrowed KRW 500 million from the Plaintiff on April 8, 2014. On April 8, 2014, in order to secure the said additional lease deposit of KRW 100 million and the said loan of KRW 500 million, C, in the name of the Plaintiff, registered the creation of a mortgage over KRW 400 million with respect to the land, buildings, E land, and F land, the maximum debt amount of KRW 400 million (hereinafter “registration of the creation of a mortgage over the instant No. 1”) was completed, and the registration of the establishment of a mortgage over the Seoul Jongno-gu International Land, buildings, and J land of KRW 20 million with respect to the said land (hereinafter

C On June 27, 2014, the Plaintiff borrowed 100 million won from the Plaintiff as 2% per month interest and additionally borrowed it. In order to secure this, the Plaintiff will be future.

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