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(영문) 서울동부지방법원 2016.11.01 2014가합108803
사해행위취소
Text

1.(a)

The claims indicated in attached Table 1 of April 3, 2014 between Defendant A and G District Housing Association shall be April 3, 2014.

Reasons

1. Basic facts

A. The party status (1) G regional housing association (hereinafter, the non-party association) is a housing association established pursuant to the Housing Act for the purpose of newly constructing and selling apartment houses and neighborhood living facilities on the land outside H of Seongdong-gu Seoul and 203 lots (hereinafter, the project in this case) and the joint executor of the project in this case and the two industry companies for the two industries (hereinafter, the two industries) are city corporations.

(2) On June 5, 2009, the non-party union entered into a loan and business agreement (hereinafter the business agreement of this case) with the non-party company (hereinafter the "business agreement of this case"), the non-party company (hereinafter the "non-party company"), the non-party company (hereinafter the "non-party company"), the non-party company (hereinafter the "non-party company"), the non-party company (hereinafter the "the loan of this case"), the non-party company (hereinafter the "the loan of this case"), the non-party company, the non-party company, the non-party company (hereinafter the non-party company), the non-party company (hereinafter the non-party company), the non-party company, the non-party company, and the non-party company acquired the above loan obligations of the non-party company.

(3) According to the instant business agreement, the non-party association entered into a real estate security trust agreement with the non-party KF real estate trust company (hereinafter referred to as the "KF real estate trust") on the instant project site (hereinafter referred to as the "real estate security trust agreement of this case"), and designated the LV as the joint first beneficiary, and the two industry as the second beneficiary.

(4) On June 8, 2010, the two industry, which is the assumption of the obligation of the instant loan claims, pays the sum of KRW 359,772,747,959 on behalf of all of the instant loans to the L substitute, and is a successor to the first priority right under the instant real estate security trust agreement of the L substitute Group, designated as the first beneficiary on the instant non-real estate trust.

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