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(영문) 서울고등법원 2017.06.16 2015나2072864
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

All the claims of the plaintiff succeeding intervenor are dismissed.

2...

Reasons

The facts, based on which facts are based, are not disputed between the parties, or are recognized by considering the overall purport of the pleadings as a whole in each of the evidence Nos. 1, 2, 3, 5 (including branch numbers; hereinafter the same shall apply), and Nos. 6, 7.

[1] On April 15, 201, C completed the registration of ownership transfer with respect to F Building 203 (hereinafter “instant Condominium”) in Seongbuk-gu, Seongbuk-gu (hereinafter “instant Condominium”) on April 15, 201, and on the same day, C completed the registration of creation of a mortgage over KRW 624,000,000 with respect to the instant immovables in the National Bank.

On May 31, 2011, the Plaintiff entered into a contract with C to lease the instant real estate in KRW 510,000,000.

On June 14, 2011, the Plaintiff transferred KRW 510,000,000 to the National Bank Account (K) of C.

[2] On April 1, 2014, upon the request of the National Bank, a decision to voluntarily commence the auction of the instant real estate was rendered by the Suwon District Court Sungnam Branch G for the instant real estate.

On the other hand, on April 8, 2014, C issued to E a notarial deed with a face value of KRW 180,000,000 at par value, and a promissory note with the date of payment at sight (hereinafter “instant promissory note”). On the same day, C prepared a notarial deed stating that there is no objection if the payment of the instant promissory note is delayed under No. 253 of the 2014’s office certificate as a notary public’s office, even if it is immediately subject to compulsory execution.

E transferred KRW 180,00,000 to the Defendant of the Promissory Notes Claim 180,000 against C, and the Defendant was granted by a notary public D on August 20, 2014 with an execution clause succeeded to the said notarial deed.

On October 7, 2014, the Defendant filed an application for the attachment and assignment order with the obligor C and the garnishee as the Suwon District Court 2014T and the garnishee’s claim KRW 180,000,000 in the Promissory Notes Claim No. 180,000 among the claims to be distributed from the garnishee in the said auction procedure, and the obligor filed an application for the attachment and assignment order with the obligor’s claim No. 180,000 among the claims to be distributed from the garnishee in the said auction procedure, and on October 10, 2014, the attachment and assignment order were issued.

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