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(영문) 서울중앙지방법원 2015.01.09 2014가합513372
사해행위취소
Text

1. As to each real estate listed in the separate sheet No. 1:

A. On January 6, 2012 between Pyeongtaek Development Co., Ltd and Defendant B

Reasons

1. Basic facts

A. 1) The Samsung Bank Co., Ltd. (hereinafter referred to as the “Slang Bank”)’s loan claims against the Pyeongtaek Development Co., Ltd. (hereinafter referred to as the “Slang Development”) shall lend each of its loans (hereinafter referred to as the “loan claims of this case”) to Pyeongtaek Development amounting to KRW 4 billion on September 6, 2005, KRW 29 billion on December 29, 2006, KRW 450 million on May 31, 2007, and KRW 450 million on May 31, 2007.

The principal and interest was approximately KRW 6.7 billion as of January 6, 2012. 2) The Samhan Bank was declared bankrupt on June 24, 201 by the Seoul Central District Court 201Hau72, and the Plaintiff was appointed as the bankruptcy trustee on the same day.

B. On July 14, 2005, each real estate in the separate sheet No. 1 (hereinafter “instant real estate”)’s disposal act 1) development was completed on July 14, 2005 with respect to each real estate in the instant case. However, on January 6, 2012, a transfer contract with Defendant B regarding the right to claim the transfer of ownership (hereinafter “instant transfer contract”).

(2) On February 21, 2012, Defendant B entered into a contract with Defendant A on February 20, 2012, and transferred the above provisional registration to Defendant B on February 21, 2012, Defendant B entered into a trade reservation with respect to the instant real estate on February 20, 2012, which was after the conclusion of the instant transfer contract, and completed the registration of transfer by entering into the provisional registration indicated in the foregoing paragraph 1, and on February 21, 2012, Defendant A entered the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”).

(C) Each real estate listed in the separate sheet No. 2 (hereinafter referred to as “instant 2 real estate”).

(1) On January 6, 2012, Defendant B entered into a sales contract with the owner of the instant real estate on January 6, 2012, and on February 21, 2012, the instant provisional registration was entirely cancelled on the ground that “the cancellation of the contract on January 6, 2012” was “the cancellation of the contract.”

2 With respect to the instant real estate 2, Defendant A and Defendant A on February 20, 2012.

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