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(영문) 서울동부지방법원 2014.09.16 2013가합104026
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Nonparty H newly built and sold “G” commercial buildings located on the land of the first floor of the building of the building of the building of the building of the building of the building of the case of this case on April 20, 2004 between the above H and H, with the sale price of KRW 139 million for the first floor of the building of this case on April 20, 2004; Plaintiff B and the sale price of KRW 139 million for the first floor of the building of this case on April 21, 2004; Plaintiff C and the first floor of the building of this case on July 4, 2004, with the sale price of KRW 139,01,000 for the first floor of the building of this case; Plaintiff C and the first floor of this case on July 4, 2004; Plaintiff C concluded the sale contract of KRW 300,000 for the first floor of the building of this case on May 10, 2004; Plaintiff C and Plaintiff C were 30630,73057,7300.

B. Since then, the sales of the instant commercial building was not properly performed and the financial situation of H et al. (the Plaintiff’s sales contract was added to the seller of the instant commercial building after the Plaintiff’s conclusion of each sales contract) aggravated, H et al., and H et al. trusted the instant commercial building to the Korea Asset Trust Co., Ltd. with a view to ensuring the performance of obligations, etc. for loans, etc. against the Plaintiff, the largest creditor Co., Ltd. on June 17, 2005.

Since then, on May 23, 2008, the Samsung Mutual Savings Bank Co., Ltd. taking over the above loan claims (hereinafter referred to as the " Samsung Mutual Savings Bank") made a public sale request and published the public sale of the instant commercial building on May 23, 2008. The Sam Sejong Mutual Savings Bank was awarded the instant commercial building at KRW 3 billion in the public sale procedure and completed the registration of ownership transfer on June 26, 2008, and the corporate rehabilitation procedure for Samsung Mutual Savings Bank was commenced, and again, on August 7, 2008, the corporate rehabilitation procedure for Samsung Mutual Savings Bank was commenced, the non-party L, the Defendant’s wife, as one internal director, is below F.

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