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(영문) 창원지방법원 2015.02.12 2013가단13194
사해행위취소
Text

1. As to each real estate listed in the separate sheet 1, 2, and 3 attached hereto to the Plaintiff, Defendant C shall have the original district court’s branch office of the Changwon District Court on December 2012.

Reasons

1. Facts of recognition;

A. The Intervenor’s claim 1 against the Plaintiff’s Intervenor (hereinafter “ Intervenor”) set out and lent KRW 31,00,000 on June 1, 2003 to E, where the Intervenor living together with the Plaintiff, on October 30, 2003, the time limit for reimbursement of KRW 31,00,000,00 to the Intervenor. However, E did not pay the said money to the Intervenor. (2) On October 2005, the Intervenor filed a criminal complaint against the Intervenor on suspicion of fraud, and E was arrested on January 15, 2006 during the suspension of indictment.

3) On January 1, 2006, the Plaintiff promised on January 15, 2009 that the Intervenor would pay the Intervenor the above loan by January 15, 2009 on condition that the Intervenor’s withdrawal of the complaint against E was made (hereinafter “instant agreement”).

(4) Around May 2012, the Intervenor filed a payment order against the Plaintiff seeking “31,000,000 won and damages for delay” against the Intervenor, and became final and conclusive.

B. The Plaintiff’s property disposition 1) The Plaintiff’s respective real estate listed in the separate sheet 1, 2, and 3 (hereinafter “the instant naval real estate”).

As to September 27, 2012, a joint collateral creation contract between Defendant C and the maximum debt amount of KRW 35,000,000 (hereinafter “instant mortgage contract”) is deemed to be a joint collateral creation contract.

(2) On October 24, 2012, the Plaintiff concluded the registration of the establishment of a neighboring real estate in the same day. On April 22, 2011, the registration of the establishment of a joint neighboring real estate in the amount of KRW 65,000,000, the joint establishment of a mortgage-based community credit cooperative, the maximum debt amount of KRW 65,000,000, and the joint establishment of a mortgage-based joint neighboring real estate in the amount of KRW 15,000,000, respectively. (2) On April 2, 2012, the Plaintiff concluded the instant contract with Defendant D on October 24, 2012 with regard to the real estate listed in the attached Table 4 (hereinafter “instant real estate”).

B. On the same day, the registration of ownership transfer has been completed to Defendant D.

Defendant D is on the real estate of this case from the time of the conclusion of the above sales contract to the present day.

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