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(영문) 서울중앙지방법원 2016.10.14 2016가합514218
사해행위취소
Text

1. Between the Defendant and C:

(a) [Attachment 2] No. 1;

(a) through (c);

each contract establishing a right to collateral security as stated in the paragraph;

(b)..

Reasons

1. Basic facts

A. The Plaintiff’s claim against C company (hereinafter “C company”) and the right to collateral security against C company (hereinafter “C company”) had a claim for the construction cost of KRW 63,600,000 against C company (hereinafter “claim for the instant construction cost”). On June 17, 2011, the Plaintiff entered into a mortgage agreement with C company and E company (hereinafter “D interest”) with a maximum claim amount of KRW 63,60,000 on the land of E, and the Suwon District Court completed the registration of creation of mortgage (hereinafter “Plaintiff’s right to collateral security”) on June 28, 201 as the receipt of No. 30967, Jun. 28, 2011.

B. As to the real estate owned by the Plaintiff including E, a company created the right to collateral security prior to C Co., Ltd. (1) under the Suwon District Court No. 2184, May 17, 2006, the Suwon District Court No. 350,00,000 won, the debtor, the mortgagee, and the mortgagee of the right to collateral security (hereinafter referred to as the “transfer-mortgage”) shall create the right to collateral security (hereinafter referred to as the “mortgage No. 1”) created the right to collateral security (hereinafter referred to as the “mortgage No. 400,000,000 won, and the debtor and the mortgagee shall receive the right to collateral security (hereinafter referred to as the “transfer 20,000,000 won”) from the Defendant with the registration office No. 31324,00,000 won and the maximum debt amount prior to the establishment of the right to collateral security (hereinafter referred to as the “transfer-mortgage No. 20,500,000 won”) under the above maximum debt amount (hereinafter referred to 306. 206,5).

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