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(영문) 수원지방법원 2019.02.12 2018가합10312
사해행위취소
Text

1. As to each real estate listed in separate sheet 1 to 4:

A. It was concluded on January 18, 2017 between Defendant D and K.

Reasons

1. Basic facts

A. On January 23, 2018, the plaintiffs filed a lawsuit against the heir of L who died on October 5, 2015, and filed a lawsuit against the co-inheritors on February 18, 2016, and on January 23, 2018, "K shall pay to the plaintiffs 261,858,54 won, each of which shall be 5% per annum from October 22, 2016 to January 23, 2018, and 15% per annum from the next day to the day of complete payment (which shall be referred to as "the judgment of this case"), and the above judgment was finalized at that time."

B. On January 18, 2017, K entered into a mortgage agreement with Defendant D on each real estate listed in the separate list Nos. 1 through (4) of its own possession, with a maximum debt amount of 840,00,000,000 won, and with Defendant D as a debtor K and a mortgagee, with regard to each real estate listed in the separate list Nos. 1 through (4) of its own ownership (hereinafter “mortgage agreement”). On January 20, 2017, K completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”).

C. On June 30, 2017, K entered into a pre-sale agreement with Defendant E with regard to each real estate listed in paragraphs 1 and 2 of the attached list and shares of 644/1586 out of the real estate listed in paragraph 4 of the attached list in paragraph 4 of the attached list (hereinafter “instant pre-sale agreement”). As to each real estate listed in paragraphs 1 and 2 of the attached list to Defendant E, K entered into a provisional registration for ownership transfer claim (hereinafter “instant provisional registration for ownership transfer claim”) with regard to each real estate listed in paragraphs 1 and 2 of the attached list as the receipt of No. 14277 on July 4, 2017, 2017, among the real estate listed in the attached list No. 4 of the attached list No. 64/1586 out of the real estate as indicated in paragraph 4 of the attached list, including the branch court of the Jeonju District Court, and entered into a provisional registration for ownership transfer claim (hereinafter “instant provisional registration”).

Kon June 30, 2017, with respect to the share of 464/1586 among the real estate listed in paragraph (4) of the attached Table No. 4 of the attached Table No. 4, K donated to Defendant F, who is his father, and with respect to the share of 478/1586, to Defendant G, who is son (hereinafter “instant donation”) and to Defendant F and G.

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