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(영문) 부산지방법원 동부지원 2017.03.29 2015가단215030
사해행위취소
Text

1. It was concluded on March 11, 2015 with respect to forest land of 819 square meters in Busan Shipping Daegu E, Inc. between Defendant A and D.

Reasons

1. Basic facts

A. On July 23, 2014, the Plaintiff: (a) lent KRW 8% per annum to D Co., Ltd. (hereinafter “D”); (b) KRW 30% per annum; and (c) KRW 70 million per annum on September 30, 2014; and (d) requested D and F to issue a payment order against D and F with the payment order under the Suwon District Court 2015 tea250; and (c) issued the said order to D and F with the payment order under the aforementioned court from July 23, 2014 to September 30, 2014: (a) KRW 8% per annum; and (b) KRW 25% per annum on the following day to September 30, 2014; and (c) KRW 30% per annum on the grounds that D and F are jointly and severally liable for the said borrowed money.

B. D completed the registration of ownership transfer based on trust on December 16, 201 with respect to the real estate as indicated in the Disposition No. 1 (hereinafter “instant real estate”), D, on December 16, 201, completed the registration of ownership transfer with respect to the said real estate by reason of trust to the K non-real estate trust (hereinafter “K non-real estate trust”) on March 11, 2015.

C. On the same day, D entered into a sales contract (hereinafter “instant sales contract”) with Defendant A Co., Ltd. (hereinafter “A”) with respect to the instant real estate, and completed the registration of transfer of ownership as stated in Paragraph (3) of the Disposition on the ground of the instant sales contract (hereinafter “instant transfer of ownership”).

On the other hand, on April 21, 2015, Defendant A completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage of this case”) on the instant real property on April 21, 2015, as indicated in the Disposition No. 2, which was set forth in the Disposition No. 300 million won against Defendant B, the debtor, and the maximum debt amount

E. At the time of the conclusion of the instant sales contract, D exceeds active property.

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