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(영문) 서울중앙지방법원 2016.07.20 2013가단5105710 (1)
사해행위취소
Text

1. Each real estate listed in Appendix 1. through Appendix 11 between Defendant B, C, D, E, F, G, H, I, J, K, L and Qa Co., Ltd.

Reasons

1. Basic facts

A. Construction of the instant housing 1) Q Co., Ltd. (hereinafter “debtor Co., Ltd”).

) The Guro-gu Seoul Metropolitan Government T and U land (hereinafter “instant land”) owned by the representative director at the time is located.

A) On the ground, a project that newly constructs urban-type housing was implemented on June 9, 201 and obtained approval from the competent authority for the housing construction project plan (hereinafter “instant urban-type housing”).

() On March 27, 2013, V was appointed as the representative director of the debtor company, but completed the registration of retirement on March 27, 2016, and the present representative is WW. 2) On May 12, 2011, S completed the registration of creation of a neighboring mortgage to X association with the debtor’s “debtor company” and the maximum debt amount of KRW 2.86 billion.

X Union received a decision on October 6, 201 on the commencement of auction on the instant land.

(Seoul Southern District Court Y. 3) On June 11, 2012, S entered into a contract for the construction work of this case to the Z with the price of 3.12 billion won for the new construction work of this case (i.e., construction work of 2.7 billion won) (i., construction work of 2.77 billion won) and the Plaintiff jointly and severally guaranteed the obligation to pay the construction cost for the Z on the same day. On June 15, 2012, the debtor company entered into a standard construction contract with the contractor as AA corporation and contractor's agent with the same content as the Z. 4) The Z completed the construction work of this case and completed the construction work, but the debtor company suspended the construction work on December 10, 2012 when legal disputes arise between the creditors and the debtor company.

B. A provisional attachment and preservation registration for the instant housing 1) The instant housing is a total of 60 units of the building with the second and seventh underground floors. 2) As follows, the creditors of the debtor company including some of the Defendants filed an application for provisional attachment on the instant housing with the total of 840,500,000 won, and the provisional attachment order on March 29, 2013.

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