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(영문) 광주지방법원 2014.10.02 2013가단28082
사해행위취소
Text

1.(a)

On October 18, 2012, it was concluded between the defendant and B with respect to each real estate listed in the separate sheet Nos. 1 to 4.

Reasons

Facts of recognition

The Plaintiff’s claim against the Plaintiff was lent to B as follows (hereinafter “instant loan”); the loans listed below No. 1 did not extend the term of the loan more than the last maturity; and the loans listed in No. 2 No. 2 did not extend the term of the loan on the last maturity date when the interest was paid by October 24, 2012 after only the interest was paid until October 24, 2012.

As of April 30, 2013, the amount of the principal and interest on the Plaintiff B’s loan calculated on March 24, 2013, calculated on April 24, 2013, is KRW 244,196,657,657, in foreign currency loans of KRW 16,50,000,000, foreign currency loans of KRW 16,500,000,000, Japan’s final maturity date of the loan of the loan of the loan of the (limited amount) as of April 30, 2013.

B and B concluded a mortgage contract between the Defendant on October 18, 2012 with regard to the real estate stated in the separate list Nos. 1 through 4 of the attached list, and concluded a mortgage contract with the Defendant on October 19, 2012 with the maximum debt amount of KRW 30 million, and completed the registration of establishment of a mortgage to the Defendant on October 19, 2012.

B On October 26, 2012, between the Defendant and the Defendant, a sales contract of KRW 450 million (including KRW 160,000,000,000,000,000 and KRW 290,000,000,000,000, and the maintenance facilities) was entered into between the Defendant and the Defendant, and completed the registration of ownership transfer on the same day.

On the same day, the registration of the establishment of a neighboring mortgage in the name of the defendant was cancelled due to confusion.

B signed a sales contract of KRW 800,000 for the real estate stated in Section 5 of the attached list on December 27, 2012, and completed the registration of ownership transfer to the defendant on the same day.

On October 26, 2012, the total market price of each real estate listed in the separate sheet Nos. 1 to 5 was 431,171,000 won (2,08,000 won for the real estate listed in the separate sheet No. 5).

Part of the right to collateral security, the acquisition of the defendant's obligation, and the establishment of additional right to collateral security.

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