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(영문) 서울남부지방법원 2017.11.28 2017가단210307
사해행위취소
Text

1. With respect to real estate listed in the attached list:

(a) signed on November 23, 2016 between G and Defendant B, C, D, E, and F.

Reasons

1. Facts of recognition;

A. On January 18, 2006, the Plaintiff lent KRW 200 million to G, and KRW 300 million around April 7, 2006, but failed to receive payment, the Plaintiff obtained a provisional attachment decision (hereinafter “instant provisional attachment decision”) with respect to the real estate listed in the separate sheet owned by G (hereinafter “instant real estate”) on November 12, 2015, with a claim amounting to KRW 300 million (Seoul District Court Decision 2015Kadan203015, hereinafter “instant real estate”). Moreover, the Plaintiff received a lawsuit seeking payment from G (Seoul District Court Decision 2015Gahap1039, hereinafter “instant previous suit”) and received a payment from G on December 9, 2016 (the closing date of pleadings is Nov. 1, 2016) by 2016 to 2019.

(hereinafter referred to as the “instant loan claim”). B.

G acquired the ownership of the instant real estate on May 14, 2010.

G After concluding a contract to establish a right to collateral security with Defendant B, C, D, E, and F on November 23, 2016 with regard to the instant real estate, G signed on December 1, 2016, ordering the said Defendants to KRW 286,698,900 on December 1, 2016.

The registration of the establishment of the right to collateral security (hereinafter referred to as the "right to collateral security") was made.

In addition, on December 5, 2016, G entered into a contract to establish a right to collateral security with the Defendant Company Future B (hereinafter “Defendant Company”) regarding the instant real estate, and on December 6, 2016, G’s order 20 million won with the Defendant Company on December 6, 2016.

It is called the second collateral security hereinafter referred to as the "second collateral security").

The establishment registration was completed.

Each of the first and second mortgages referred to as the "each of the instant collective security interests";

C. At the time of entering into each of the instant mortgage contracts, G’s assets were owned by the instant real estate in an amount equivalent to KRW 994 million, and KRW 394 million and KRW 102,00,000,000 H building 103,00,000,000,000,000,000,000,000,000,000,00

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