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(영문) 창원지방법원 밀양지원 2018.08.22 2017가단12051
사해행위취소
Text

1. Defendant C shall assist the Plaintiff with the Changwon District Court as to the real estate stated in paragraph 2 of the attached Table No. 2.

Reasons

1. Basic facts

A. On August 22, 2016, between Defendant C and Defendant C, the Plaintiffs sold the instant site and the road listed in Section 2 of the attached Table (hereinafter “instant road”) owned by Plaintiff C in KRW 100 million, and the instant house owned by Plaintiff B in KRW 200 million. However, the amount equivalent to KRW 190 million out of the purchase price was substituted by the loan, which is located in E (hereinafter “instant loan”). Defendant C cancelled the provisional attachment (hereinafter “instant provisional attachment”) established on the instant loan site (hereinafter “instant provisional attachment”). Defendant C purchased the secured debt of KRW 100 million in the name of the non-permanent agricultural cooperative in the name of the instant site, road, and housing (hereinafter “instant secured mortgage”) and concluded a sales contract for the instant building upon receipt of the ownership transfer registration under subparagraph 420 million in the name of the non-permanent agricultural cooperative in the name of the instant land, road, and housing (hereinafter “instant secured mortgage”).

B. On August 23, 2016, according to the instant contract No. 1, the Plaintiffs completed the registration of ownership transfer under Articles 29957 and 2958 of the receipt of mechanical devices, such as the Changwon District Court’s closely supporting the instant site, road, and housing (hereinafter “the registration of ownership transfer of each Defendant C”) with respect to the instant site, road, and housing, and Defendant C completed the registration of ownership transfer (hereinafter “the registration of ownership transfer of each Defendant D”) on December 27, 2016 with respect to the instant site and housing under the sales contract dated December 26, 2016 (hereinafter “instant second contract”).

C. On December 15, 2016, pursuant to the instant contract No. 1, Plaintiff B received the registration of ownership transfer with respect to the instant loan No. 402 and the instant loan No. 402.

However, as Defendant C was unable to take over the instant right to collateral security, Defendant C is entitled to take over the instant right to collateral security on December 14, 2016 due to sale and purchase as of December 15, 2016.

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