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(영문) 의정부지방법원 2015.02.05 2013가합10724
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

D On September 5, 2012, the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) was purchased with E, a Eastern District Court, and completed the registration of the Seoul Eastern District Court and the registration of the transfer of ownership as to each 1/2 share on November 7, 2012, and then shared the said real estate.

On July 2, 2013, the Plaintiff: (a) on July 2, 2013, as of July 5, 2013, the due date for repayment of KRW 50 million among the said KRW D; and (b) on July 12, 2013, the due date for repayment of KRW 90 million was determined and lent as of July 12, 2013; (c) drafted a notarial deed as to a monetary loan agreement with the said details.

(F) On July 31, 2013, D and E entered into a contract with Defendant B to sell 1/2 shares in each of the instant real estate, and 3/10 shares in each of the instant real estate to Defendant C for KRW 2.2 billion (hereinafter “instant contract”). The Seoul East District Court’s registration and the registration of Seoul East District Court’s 523, 54524 as of August 16, 2013 and the registration of transfer of shares was completed to the Defendants. At the same time, D had the share transfer registration in each of the instant real estate (i.e., KRW 15 million x KRW 230 million x 1/201 x 1/2) at the market price in addition to the share of KRW 1/2 of the instant real estate.

Meanwhile, at the time of entering into the instant sales contract, ① on August 22, 2006, the date of receipt, and H Co., Ltd., H Co., Ltd., a company operated by D.

The Supreme Court of the Republic of Korea, the Industrial Bank of Korea, the maximum debt amount of which is KRW 648 million (hereinafter referred to as the "first priority mortgage"), ② on August 22, 2006 on the date of receipt, which is the cause of the obligor H, the Industrial Bank of Korea, the maximum debt amount of which is KRW 312 million (hereinafter referred to as the "second priority mortgage"), ③ on March 17, 2009; ③ on March 17, 2009; and ③ the obligor H, the Industrial Bank of Korea, the maximum debt amount of which is KRW 30 million (hereinafter referred to as the "third priority

(4) The date of receipt on January 11, 2013, debtor D, and debtor.

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