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(영문) 의정부지방법원 2018.07.18 2017가단127517
사해행위취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 17, 2015, Plaintiff A and D entrusted D with the preparation of a notarial deed to the effect that “If the said monetary obligation is not performed, a notary public shall not raise any objection even if he/she is immediately subject to compulsory execution.” On the same day, the notarial deed was prepared by the said law firm No. 56 of the Monetary Loan Agreement (hereinafter referred to as “notarial deed”) with respect to KRW 2% per annum, overdue interest rate of KRW 25% per annum, overdue interest rate of KRW 30 million per annum, and maturity of KRW 30 million on July 31, 2015.”

B. On November 14, 2014, between D and D, the Defendant entered into a lease agreement (hereinafter “instant lease agreement”) between D and D by setting a deposit of KRW 70 million, monthly rent of KRW 250,000 (excluding value-added tax), and from December 1, 2014 to November 31, 2017, with respect to the portion of KRW 126 square meters in the ship (a) connecting each point in sequence 1, 2, 3, 4, and 1 among the first floor of the building indicated in the attached list among the first floor of the building indicated in the attached list, the Defendant shall restore the building to its original state at the time of the expiration or termination of the lease agreement (see attached photographs and drawings). Moreover, after the termination of the lease agreement, the lessee shall request the lessor to restore the building to its original state and return the building to its original state by deducting the construction cost incurred by the lease’s restoration to its original state and management fee to its original state.

C. On the basis of the original copy of the instant notarial deed, Plaintiff A received a seizure and collection order (hereinafter “instant collection order”) regarding KRW 90,000,000 from the Defendant (third obligor) of Suwon District Court Branch Branch 2015TTT9142, as to the lease deposit claim of KRW 90,000,000 from the Defendant (third obligor), and the said collection order was issued on January 12, 2016.

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