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(영문) 대전지방법원논산지원 2016.03.10 2015가단20813
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

(1) The Plaintiff supplied steel materials exceeding KRW 600 million on several occasions from March 201 to Haman on July 201, 201. However, B did not pay KRW 181 million out of the price of the said materials. (2) In the Daegu District Court 2013 tea915 case between the Plaintiff and B, the said court ordered the Plaintiff to pay the order on November 25, 2013, stating that “B shall pay to the Plaintiff KRW 181,00,000 and the amount equivalent to KRW 20% per annum from the day after the original copy of the payment order was served to B on November 29, 2013, and the payment order was served to B and confirmed on December 14, 2013.

B) On May 24, 2006, the real estate listed in the separate sheet owned by oneself (hereinafter referred to as “instant apartment”). B

As to May 24, 2006 (hereinafter “instant trade reservation”)

(1) The provisional registration of this case was completed in the name of the Defendant, one of its own references (hereinafter referred to as “the provisional registration of this case”).

(2) On October 28, 2013, the Defendant completed the principal registration based on the instant provisional registration on the ground of a sales contract on October 8, 2013 with respect to the instant apartment (hereinafter “instant sales contract”).

(3) On the other hand, at the time of entering into the instant promise to sell and purchase the apartment of this case (hereinafter “instant principal registration”), the establishment registration of a mortgage on November 1, 2004, consisting of the debtor B, the mortgagee B, the Daejeon Agricultural Cooperative, the maximum debt amount of 67.6 million won, and the establishment registration of a mortgage on November 1, 2004 (hereinafter “the establishment registration

(2) The establishment registration of the establishment of the neighboring mortgage on September 27, 2005 (hereinafter “the establishment registration of the second neighboring mortgage of this case”) consisting of the debtor B, mortgagee C, the maximum debt amount of the debt amount of the debtor C, 30 million won.

(2) On October 24, 2006, the registration of the establishment of the first place of the instant apartment was completed. However, on October 27, 2014, the registration of the establishment of the second place of the instant apartment was revoked on May 24, 2006, respectively. (4) The Defendant on October 24, 2014 as to the instant apartment.

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