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(영문) 대전지방법원 2015.05.29 2014나4741
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

With respect to the real estate indicated in the attached list between the defendant and C.

Reasons

Basic Facts

On October 6, 2008, the Plaintiff set the monthly interest of KRW 600 million to C and lent it to C as KRW 3.5 million.

As C did not pay interest and principal from April 201, the Plaintiff applied for a payment order against C on January 4, 2013 with the Daejeon District Court 2013 tea23. On January 7, 2013, C was ordered to pay KRW 673.5 million to the Plaintiff, and the said payment order was finalized on February 6, 2013.

Attached Form

On August 17, 2010, No. 37024, which was received on August 17, 2010, the establishment registration was completed in the name of the debtor K's Saemaul Bank in the name of the debtor K, for the establishment registration of a neighboring mortgage in the name of the debtor K, for the establishment of a mortgage on August 17, 2010.

On September 16, 2010, No. 43797, which was received on September 16, 2010 by the same registry office, the registration of creation of a mortgage in the name of the debtor C was completed on September 16, 2010, the maximum debt amount of KRW 100,000, and the debtor C’s establishment of a mortgage

On September 17, 2010, the registration of creation of a neighboring mortgage in the name of G debtor C was completed on September 17, 2010 by the same registry office, No. 44041, Sept. 17, 2010.

C On August 26, 2011, with respect to the instant real estate on August 26, 201, the registration of transfer of ownership was completed to the Defendant, who is the birthee, as of August 26, 201, the receipt of No. 57465 of the same registry office on August 26, 2011.

C At the time of selling and selling the instant real estate to the Defendant, there were no other property except the instant real estate and the instant land and buildings attached thereto, and the F Multi-household Housing No. 102, on the other hand, there was a debt exceeding the total market value of each of the said real estate.

The Defendant, on October 18, 201, with respect to the instant real estate on October 18, 201, as the receipt of No. 70749, Oct. 18, 201, based on the contract to establish a right to collateral security on October 18, 201, is the maximum debt amount of KRW 18 million and the debtor limited partnership company.

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