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(영문) 대전고등법원 2019.04.10 2018나14128
사해행위취소
Text

1. Upon receiving a claim for a change in exchange from this court, the Defendant shall pay to the Plaintiff KRW 404,80,976 and its corresponding amount.

Reasons

1. Basic facts

A. On May 23, 2012, B Co., Ltd. (hereinafter “B”) changed its trade name to “K Co., Ltd.” (hereinafter “K Co., Ltd.”) as to the land of H (hereinafter “H land”) in Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “Seoul-gu, and the same lot number also referred to as “the pertinent lot number”) and the land of H (hereinafter referred to as “H”) in combination with the land of H, and completed the registration of creation of a mortgage near the debtor Co., Ltd. (hereinafter “G”).

B. On May 23, 2012, K entered into an additional agreement with B to the effect that “A principal and a debtor (G) and a joint guarantor or a security offerer (B, etc.) shall provide an additional collateral security at the time of the completion of the construction of a building and the completion of the registration of the preservation of ownership of H land, with respect to H land, an additional maximum claim amount of KRW 1.95 million within one week, and the debtor G, additional collateral security lender B, and the list of the joint collateral security goods added “A” to “A” and “A”-assumed by an empty space,” was prepared and issued.

C. B newly constructed a building listed in the attached Table 1 (hereinafter “instant building”) on H’s land, and closed the construction of the instant building on June 30, 2013 due to the aggravation of financial standing, and thereafter, the construction of the instant building was suspended from around that time.

On February 17, 2015 and March 25, 2015, the Defendant purchased from K a loan claim against G and a right incidental thereto (including the right to collateral security stated in paragraph (a) and (b) as well as the right to collateral additionally stated in paragraph (a)). K on March 26, 2015.

The supplementary registration of the transfer of the right to collateral security stated in the port was completed.

E. On April 30, 2015, upon the request of the creditor for the registration of provisional seizure against B, the registration of preservation of ownership of the building of this case was completed in the name of B, and B on May 7, 2015, to the defendant as to the building of this case on May 4, 2015, which caused the registration of provisional seizure against B.

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