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(영문) 서울서부지방법원 2016.01.22 2015가단218467
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. The Defendant and D Co., Ltd. were concluded on August 20, 2013.

Reasons

1. Basic facts

A. On March 10, 201, Plaintiff B entered into a lease agreement on the part (F-601 on the resident registration) indicated in the separate sheet (i.e., the part (F-601) among the real estate indicated in the separate sheet (the owner of the building; hereinafter “instant building”) with E, who was an owner and lessor on March 10, 201, and completed the lease agreement on May 4, 2012 pursuant to the order of lease registration (a deposit of KRW 40 million, a rent, a rent, a portion on board indicated by a drawing of the scope is 20 square meters, and the date of the contract, March 10, 2011, and the date of occupation, possession, the date of the fixed date, and March 16, 2011).

B. On March 13, 2011, Plaintiff A entered into a lease agreement with the foregoing E with respect to the portion indicated as 402 of the instant building (F-402 under the resident registration). On April 24, 2012, Plaintiff A completed the registration of a housing lease on May 11, 2012 pursuant to the Seoul Western District Court 201Karo625, Seoul Western District Court Order 2012: (a) on May 11, 2012, the registration of a housing lease (a deposit is KRW 50 million, a rent is nonexistent; (b) about 20 square meters on the third floor indicated by drawings; (c) the date of the contract; (d) March 13, 2011; (c) the date of resident registration; and (d) the date of occupancy on March 13, 2011; and (e) March 14, 2011).

C. On August 22, 2011, the procedure for compulsory auction (hereinafter “instant auction procedure”) was initiated by the Seoul Western District Court H District Court due to an application filed by creditors (Leases) G on August 22, 201. On July 29, 2013, D Co., Ltd. (hereinafter “D”) received a successful bid and paid the successful bid price of KRW 183,860,000, and completed the registration of ownership transfer on August 12, 2013.

As to the instant building, the Defendant entered into a mortgage agreement with D on August 20, 2013 (hereinafter “instant collateral agreement”) and completed the registration of creation of a neighboring mortgage (hereinafter “instant collateral registration”) with D on August 20, 2013, the maximum debt amount of which is KRW 500 million pursuant to the receipt of the Seodaemun District Court Branch of Seodaemun District Court No. 33830, Aug. 20, 2013, and “under the pre-sale agreement with D as of September 15, 2014.”

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