logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원성남지원 2017.05.26 2016가합203601
사해행위취소
Text

1. It was concluded on October 22, 2015 with respect to each real estate listed in the separate sheet between the defendant and future public corporation.

Reasons

1. Basic facts

A. The status of the Plaintiff is a creditor who holds a claim for payment due to the supply of ready-mixed with the future public corporation (hereinafter “undeveloped public corporation”), and the Defendant is also a future public creditor.

B. (1) The Plaintiff entered into a contract with the future public service from February 9, 2015 to October 28, 2015 with the Plaintiff for supply of ready-mixeds necessary for D New Construction during the period from February 9, 2015, to October 20, 2015, for the extension of Pyeongtaek-si and Dagjin grain warehouse from June 20, 2015 to October 5, 2015, for the hot spring Building Corporation from August 6, 2015, for the supply of ready-mixeds necessary for D New Construction from October 14, 2015 to October 20, 2015, and the Plaintiff supplied each of the above contracts as agreed. (2) The Plaintiff filed a lawsuit against the future public service with the Seoul Western District Court 2015Gahap3757, and paid the unpaid amount to KRW 16,201,201,2010,26.

C. On October 22, 2015, the future public service of disposal of future public property concluded a mortgage contract with the Defendant regarding each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with the maximum debt amount of KRW 300,000,000 (hereinafter “instant mortgage contract”) as to each of the instant real estates as the joint collateral, and as a result, the registration of the creation of the joint collateral (hereinafter “registration of the creation of the instant mortgage”) was completed with the Suwon District Court, as the receipt of No. 54035, Oct. 22, 2015, using each of the instant real estates as the joint collateral, as the maximum debt amount of KRW 300,00,000,000, and each of the joint collateral mortgages with the Defendant as the Defendant.

After the registration of the establishment of the instant mortgage, procedures for voluntary auction (hereinafter “instant auction procedures”) have been conducted with respect to each of the instant real estate by Sungwon District Court Sungnam Branch A (B overlapping), and the said court shall take the first priority as a mortgagee on August 11, 2016.

arrow