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(영문) 수원지방법원 2015.12.10 2015가합3153
사해행위취소
Text

1. It was concluded between Defendant B and D, on June 13, 2014, as to the real estate stated in paragraph 1 of the attached list.

Reasons

1. Facts of recognition;

A. On July 1, 201, the Plaintiff entered into a settlement agreement with D and D to receive KRW 500 million from D and D as E’s settlement of accounts for the same business.

On January 7, 2015, the Plaintiff was issued a payment order against D with the Suwon District Court 2015Ra51, seeking payment of KRW 500 million in the same trade account and delayed payment damages. The payment order was finalized on March 17, 2015.

B. On June 13, 2014, D concluded a mortgage agreement with Defendant B and the above Defendant regarding the real estate stated in the attached list No. 1 of the attached Table No. 1 with a view to establishing the right to collateral security (hereinafter “mortgage No. 1”) with a maximum debt amount of KRW 150 million.

D As to the above real estate, the Suwon District Court (U.S.) completed the registration of creation of a mortgage (hereinafter “registration of creation of a mortgage on the first place of the instant case”) with the obligor D and the maximum debt amount of KRW 150 million as of June 13, 2014, which was received on June 13, 2014 from the Defendant.

C. On June 13, 2014, D concluded a mortgage agreement with Defendant B and the above Defendant regarding each immovable set forth in attached Tables 2 through 4 with a maximum debt amount of KRW 200 million (hereinafter “instant mortgage agreement”).

D As to each of the above real estates, the Suwon District Court completed the registration of creation of a mortgage near the debtor D and the maximum debt amount of 200 million won (hereinafter “registration of creation of a mortgage near each of the instant 2”) on June 13, 2014 by the debtor D and the defendant under Article 91909.

D On September 3, 2014, Defendant B and the above Defendant entered into a sales contract to sell each real estate listed in [Attachment List 2-4] with Defendant B (hereinafter “instant sales contract”).

D With respect to each of the above real estates, the Suwon District Court, the Sungwon District Court, the registration office, No. 158644, Oct. 14, 2014, completed each registration of ownership transfer (hereinafter “each of the above registrations in Defendant B”) to the above Defendant.

E. D is the Defendant C, as of September 15, 2014.

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