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(영문) 서울중앙지방법원 2016.09.07 2015가합509110
사해행위취소
Text

1. Nonparty D and Defendant B’s promise to sell and purchase real estate indicated in the separate sheet as of July 18, 2012 and Nonparty D.

Reasons

1. Basic facts

A. The Plaintiff lent a total of KRW 240,000,000 to D by March 23, 2007.

B. On July 18, 2012, D entered into a trade promise (hereinafter “instant promise”) with respect to the real estate listed in the attached list, which was the only property D (hereinafter “instant real estate”) between Defendant B and Defendant B, and made a registration of the right to claim the transfer of ownership under the name of Defendant B on the same day as the instant promise to sell.

C. After October 8, 2012, the provisional registration of the right to claim ownership transfer was transferred to Defendant C’s name on the grounds of transfer on the same day, and on the same day, the registration of ownership transfer was completed in Defendant C’s name on the grounds of the above provisional registration as of October 8, 2012 (hereinafter “instant sales contract”).

On the other hand, on March 24, 2009, the real estate in this case was created with the first priority collective security (the first priority collective security (the representative D; hereinafter referred to as the “E”) and the third priority collective security (the combination of F real estate) with the Defendant’s Internet Savings Bank Co., Ltd. (the Mes Savings Bank, Co., Ltd., Ltd., Ltd., after the modification; hereinafter referred to as “S-type Savings Bank”) as the collective security. On January 4, 2011, the said collective security was established with respect to the real estate in this case and the five-story neighborhood living facilities building owned by E (hereinafter referred to as “F real estate”), the said collective security was added to G-type 572 square meters (hereinafter referred to as “G land”) as joint security.

E. The foregoing right to collateral security established on the instant real estate was revoked on October 2, 2012 on the ground of partial renunciation of the contract for the instant sale and purchase and the provisional registration under Defendant B’s name. After the registration of ownership transfer was made under Defendant C, one Savings Bank was the mortgagee on October 26, 2012, and the debtor newly completed the registration of establishment of the first priority priority collective security with the maximum debt amount of KRW 780,000,000.

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