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(영문) 대구지방법원포항지원 2015.09.01 2014가단10227
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 24, 2014, from a lawsuit filed by the Plaintiff on grounds of assault, etc. of D (the date of filing the lawsuit on November 27, 2012), such as divorce (a branch of the Daegu Family Court Branch Branch Office 2012ddan489), the judgment ordering D to pay the Plaintiff KRW 60 million as division of property, and KRW 8,000,000 as consolation money, as property division (hereinafter “this judgment”). On October 16 of the same year, the said judgment became final and conclusive.

B. On November 27, 2012, the day when the Plaintiff filed a lawsuit for divorce, etc. under the foregoing 2012ddan4489, D entered into a mortgage agreement with Defendant B (hereinafter “instant mortgage agreement”) with respect to real estate indicated in the attached list No. 1 through 4, and concluded a joint mortgage agreement with Defendant C on November 10, 2014, stating the maximum debt amount as KRW 87,360,00 with the Daegu District Court support No. 104030, Nov. 28, 2012, and Defendant D and the mortgagee “Defendant B” with respect to the above real estate as indicated in the attached list No. 1044 as of November 10, 2014, Defendant C had the obligation to complete the registration of ownership transfer as stated in the attached list No. 1040, Mar. 16, 2014.

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