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(영문) 서울남부지방법원 2015.04.17 2014가합7354
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant Association ordered the construction of the removal of the Audio Housing units in Yeongdeungpo-gu Seoul Metropolitan Government and the construction of the D apartment units to the Defendant C, and the development of the Defendant Sam profit Industry completed the reconstruction construction and completed the registration of preservation of ownership of D apartment units in the name of the Defendant Association on October 11, 2013.

B. On August 25, 201, Defendant Sam-Hy Industrial Development ordered the Plaintiff to pay KRW 583,468,400 for the construction cost of the said part of the said construction (hereinafter “instant construction”) to the Plaintiff on KRW 583,468,40, and agreed to pay KRW 445,50,000 for the said construction cost instead of selling one of the said D apartment units, and to pay only the remainder KRW 137,968,40 in cash.

Accordingly, on December 6, 2013, the Plaintiff prepared a sales contract for D Apartment Nos. 101 and 903 (hereinafter “instant real estate”) between the Defendant Cooperative and the Defendant Sam-Hy Industry Development (hereinafter “instant sales contract”), and completed the registration of ownership transfer on the instant real estate on January 16, 2014.

C. On December 20, 2013, the Defendant Union concluded a mortgage contract with Defendant B with a maximum debt amount of KRW 149,50,000 regarding the instant real estate, and concluded a mortgage contract with Defendant B on December 23, 2013, and completed the establishment registration of a mortgage on December 23, 2013.

(hereinafter “instant collateral security”). D.

E, prior to the conclusion of the instant sales contract, on November 29, 2013, the Seoul Southern District Court 2013Kadan200281, as to the instant real estate, completed the registration of provisional attachment on the same day upon receiving a decision of provisional attachment for the same amount as the claim amount of 30,000,000.

F On January 10, 2014, the Seoul Southern District Court rendered a provisional attachment order of 149,500,000 of the claimed amount as Seoul Southern District Court Decision 2014Kadan7024 on January 10, 201, and completed the provisional attachment registration on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff’s association, the Defendant’s association, and the Defendant’s association, and the Defendant’s association.

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