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(영문) 서울서부지방법원 2021.01.14 2019가합39584
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 19, 2015, the Plaintiff loaned KRW 400,000,000 to B Co., Ltd. (hereinafter “B”); KRW 400,000,000 on October 20, 2016; and KRW 300,000,000 on June 1, 2017; and the representative director D of B jointly and severally guaranteed each of the above loans to the Plaintiff.

The remaining principal and interest of each of the above loans as of January 8, 2018 (i.e., principal amounting to KRW 966,493,440 (i.e., KRW 266,493,440 on November 19, 2015) (i.e., KRW 400,000 on October 20, 2016), interest and delayed damages, plus KRW 30,757,840 on June 1, 2017.

B. As to each real estate listed in the separate list (hereinafter “each of the instant real estate”), B completed the registration of the establishment of the right to request the transfer of ownership (hereinafter “instant provisional registration”) on July 31, 2017, with the Seoul Western District Court No. 31054, August 22, 2017, as to each of the instant real estate listed in the separate list (hereinafter “instant real estate”). On May 22, 2017, the maximum amount of KRW 320,000,000 for claims arising from the contract to establish the right to collateral security (hereinafter “instant contract”). The registration of the right to request the transfer of ownership was completed on August 30, 2017, Seoul Western District Court No. 35317, which was received on August 30, 2017.

(c)

With respect to each real estate of this case, the discretionary auction procedure for real estate was conducted under the heading C and E (dus) of the Seoul Western District Court. On May 9, 2019, the Seoul Western District Court prepared a distribution list to the Defendant that distributes the amount of KRW 200,69,494 to the Defendant as the person who was the party who was the party located near the real estate of this case, the date of distribution.

On May 9, 2019, the Plaintiff stated an objection against the total amount of the Defendant’s dividends on the dividend date, and submitted an application for changes in the purport of the claim and the cause of the claim, which changed the purport of the claim seeking the registration of the establishment of the instant right to collateral security and the cancellation of the instant claim No. A, etc. on the same day, to seek rectification of the dividend list.

[Ground of recognition] Unsatisfy, facts in record, and Gap.

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