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(영문) 수원지방법원 2016.09.22 2015가단11676
사해행위취소 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 30, 2010, the Plaintiff lent KRW 35 million to C and its wife, and at the time, C and D agreed to sell and lend the said money to the Plaintiff’s shares, and as a result, C and D decided to repay the total amount of KRW 70 million up to February 28, 201, taking into account damages in cases where the said shares are sold at the time compared with the continued possession of the said shares.

On September 1, 2010, the Plaintiff completed the registration of the establishment of a collateral security right with a maximum debt amount of KRW 35 million against the mortgagee, the Plaintiff, and the maximum debt amount of KRW 35 million with respect to F apartment 110,304, Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, the title of D.

B. On February 27, 2011, the Plaintiff, C, and D extended the repayment period of the above loan to six months, and thereafter extended the repayment period to four months again on August 28, 2011. At that time, C and D paid the said KRW 70 million plus interest at the rate of 2.5 percent per month from March 1, 2011. On January 26, 2012, the repayment period was extended to four months again by April 30, 2012.

C. In the event that C and D did not repay the above loan due date, on April 27, 2012, the Plaintiff was subject to the provisional seizure order on real estate regarding the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) registered under C as the name of this court 2012Kadan3782 on April 27, 2012, and the provisional seizure order was issued on April 30, 2012 as to each of the instant real estate.

On August 25, 2013, the Plaintiff, C, and D: (a) written a loan certificate stating that “C and D jointly and severally redeems the said loan amount and notarial deeds by April 30, 2014; and (b) as such, C and D “Subject to the notarial deed” stated that “C and D terminate a provisional attachment on each of the instant real estate and does not provisionally seize the same.”

Accordingly, each real estate of this case.

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