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(영문) 서울동부지방법원 2017.06.14 2014가합112116
사해행위취소
Text

1. A sales contract concluded on September 23, 2013 between Defendant C and E with respect to real estate listed in the attached Table 2 list.

Reasons

1. Basic facts

A. On June 23, 2010, the Plaintiff lent KRW 500,000,000 to F on June 23, 2010 to F on the due date set at 2% per September 30, 2010. The Plaintiff Company E (mutual name before the change on June 4, 2010: G Co., Ltd.; hereinafter “E”), and omitted the entry of “stock company” for other companies.

(2) The Plaintiff filed a loan claim lawsuit against F and E, etc. on December 26, 2013, with the purport that “F and E, etc. shall jointly and severally pay to the Plaintiff 500,000,000 won and 2% per month from July 23, 2010 to the date of full payment” (U.S. District Court 2013Da19673). The judgment below became final and conclusive around that time.

B. 1) E is a building of “I” (hereinafter “instant aggregate building”) with the 10th ground level above the 3rd ground level above the 10th ground level above the 10th ground level on the ground of the Subdivision-si, Sungnam-si.

B) On June 17, 201, in the process of implementing a new project, J bank and K bank borrowed funds from L. 2) E entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the first beneficiary as to the unsold portion 29 units among the instant aggregate buildings, with the beneficiary as J Bank (Order 1), K Bank (Order 2), M Company (Order 3), and the beneficiary as E, and completed the registration of ownership transfer due to the said unsold portion on the same day, while completing the registration of ownership transfer as to the unsold portion on the same day.

After April 2, 2012, the first beneficiary and the return-limit amount under the instant trust agreement were modified into J bank (Order 1, 4,061, 200,000) and K Bank (Order 2, 1,300,000,000).

C. On December 27, 2012, E entered into the instant sales contract with Defendant B, as well as N-O (attached Form 1; hereinafter “Real Estate 1”).

3) As to the sales contract (hereinafter “first sales contract”)

the first real estate with the consent of the first beneficiary.

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