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(영문) 울산지방법원 2015.08.21 2014가단63987
사해행위취소
Text

1. The plaintiff's claim against the defendants is dismissed.

2. All the costs of lawsuit shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On June 10, 2003, the Sung Forest Co., Ltd. (1) (hereinafter “Nonindicted Company”) completed the registration of initial ownership on the real estate stated in the attached Form, “national rental housing” (hereinafter “the apartment of this case”), including the lease agreement of Nonparty D.

(2) On May 2003, Nonparty D concluded a lease agreement with the non-party company to the effect that “D leases the instant apartment from the non-party company with the name of the non-party E, with the lease deposit of KRW 35 million, monthly rent of KRW 70,000,000 from June 8, 2008 to June 7, 2010.”

(The name of the tenant was entered E in the contract). (b)

On October 22, 2010, including the preparation of the lease contract under Defendant B’s name, the lessor was the non-party company and the lessee as Defendant B, and the lessee entered into a lease agreement stating that “The lessee shall lease the apartment of this case by setting the lease deposit amount of KRW 36.7 million, monthly rent of KRW 70,000,000 from November 1, 2010 to October 31, 2012.”

C. (1) Around 2012, a non-party company conducted a conversion project for rental apartments in the name of the Defendants.

(2) On February 23, 2012, the non-party company drafted a sales contract with Defendant B for the instant apartment at KRW 70,323,000 with respect to the sales price for the instant apartment.

(3) On March 28, 2012, the registration of ownership transfer was completed in Defendant B’s future on the ground of “sale as of February 23, 2012 (hereinafter “sale”). On the same day, the registration of ownership transfer was completed on the instant apartment (hereinafter “registration of ownership”) and on the same day (the “the maximum amount of claim 84 million won, Gyeongnam Bank Co., Ltd., Ltd., and Defendant B, Defendant B, the registration of ownership transfer was completed.

(However, on May 4, 2013 regarding the registration of the above collateral security, the supplementary registration of the transfer of collateral security was completed in the future of the Korea Housing Finance Corporation; hereinafter referred to as the registration of collateral security; hereinafter referred to as the registration of collateral security; October 1, 2013 regarding the apartment of this case on October 1, 2013.

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