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(영문) 서울중앙지방법원 2017.07.20 2016가단87474
사해행위취소 등
Text

1. The sales contract concluded on February 5, 2013 between Defendant A and Nonparty C on the real estate stated in the separate sheet was 160,000.

Reasons

1. Basic facts

A. On April 24, 2015, the Plaintiff applied for a payment order against C with the Seoul Central District Court No. 2015 tea19301, and received a payment order from the above court to the effect that “C shall pay to the Plaintiff the amount of KRW 193,269,06 and KRW 45,000,00 per annum 20% per annum from the day following the delivery date of the original payment order to the day of complete payment.” The above payment order was finalized on May 19, 2015.

The SPS Credit Depository (hereinafter referred to as the "SPS Bank") entered into a loan transaction agreement with C with the following contents.

On March 22, 2001, the first loan date (the due date): 45,00,000,000 19% 45,000,000,000 148,269,066,269,066 (the date of delivery: April 3, 2015; the unit of the amount: the won) the credit safe transferred all of the above loan to the Plaintiff (the previous trade name: the L/C credit settlement bank) as of December 29, 2014, and thereafter lawfully notified C of the assignment of the credit.

B. Of the registration details on the instant real estate, the parts relating to the instant case are as follows.

On January 4, 1996, May 17, 1994, the date of receipt of priority number registration (receiving number) for the purpose of registration (receiving number) 【holder of a right to a provisional registration of this case’s provisional registration of ownership transfer claim C2 of the sale owner on May 4, 1994.

On August 19, 1997, Defendant A, the right holder of the purchase and sale reservation on March 14, 2013 (No. 47379) on February 5, 2013, 201, the purchase and sale owner Defendant A6 provisional seizure (No. 424) on December 29, 201, the claim amounting to 50,326,027 won by the Seoul Central District Court (No. 2018406) on December 29, 2001, and the provisional registration of cancellation of provisional seizure No. 146 on March 14, 2013 on the provisional registration of cancellation of provisional seizure No. 146 on April 6, 2015, the ownership transfer on March 16, 2016 on the ownership transfer on March 20, 200, KRW 168,000,000.

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