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(영문) 수원지방법원안산지원 2015.04.09 2014가단7278
사해행위취소 등
Text

1. The Defendants entered into a sales contract on December 13, 2013 with respect to the attached real estate indicated in the indication of the attached real estate on December 25, 205.

Reasons

1. Basic facts

A. From September 2013 to December of the same year, the Plaintiff supplied aluminium materials, etc. to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and was not paid KRW 25,325,400 out of the amount of goods.

B. On December 13, 2013, Defendant Company entered into a sales contract with Defendant B to sell for KRW 1,000,000,000 the real estate indicated on the attached property owned by Defendant Company (hereinafter “instant real estate”) (hereinafter “instant sales contract”), and completed the registration of ownership transfer on January 15, 2014.

C. Of the instant real estate, the market price of the land for factory C 2452 square meters and its ground buildings (based on January 16, 2014) is KRW 1,314,882,00,000.

Meanwhile, prior to the conclusion of the instant sales contract, the establishment registration of a mortgage on the instant real estate was completed on the grounds of termination on January 28, 2014, with regard to the bank, the debtor company, the defendant company, the maximum debt amount of 840,000,000 won (the secured debt amount of 401,472,631 won as of January 28, 2014). However, the registration was revoked on the grounds of termination on January 28, 2014.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, 4, 5, 6, Eul evidence Nos. 2, 3, and 5, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant Company is obligated to pay KRW 25,325,400 to the Plaintiff, barring any special circumstances. Accordingly, the Defendant Company asserted that the amount equivalent to the above amount out of the unpaid amount of the obligation for the payment of the unpaid goods, as the Defendant Company transferred KRW 7,000,000 to the Plaintiff on March 19, 2014, as the Defendant Company transferred the price claim for the goods to Nonparty Company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company’s non-party company

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