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(영문) 울산지방법원 2017.06.28 2015가합23044
사해행위취소
Text

1. All of the plaintiffs' lawsuits of this case are dismissed.

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

Reasons

1. Basic facts

A. On August 31, 2007, Q Co., Ltd. (hereinafter “ Q”) entered into a loan agreement on KRW 95,000,000,00 with the joint and several sureties Construction Co., Ltd. (hereinafter “SU”) to obtain funds necessary for the instant new construction project on December 26, 2007, for the purpose of raising funds necessary for the said new construction project, on December 26, 2007.

Q entered into a security trust agreement with Defendant Native Real Estate Trust Co., Ltd. with respect to the land subject to the new construction project of this case, including the real estate listed in the separate sheet (hereinafter “the real estate of this case”) as security for the above loan on December 28, 2007, with respect to the land subject to the new construction project of this case, including the real estate listed in the separate sheet (hereinafter “the real estate of this case”), and set the first priority right of 123,500,000,000 won to the bond owners, including Solomon Mutual Savings Bank, and set the second priority right of 123,50,000,000 won to the new Asian Construction Co., Ltd. which is the Sindong Construction Co., Ltd.

(hereinafter “instant collateral trust agreement”). B.

The plaintiffs were those who owned the instant real estate located in Ulsan Nam-gu V.

Q purchased the instant real estate from the Plaintiffs for the implementation of the instant new construction project, but still did not pay to the Plaintiffs some balance of the purchase price, reputation expenses, and transfer income tax, etc. to be borne by Q.

C. According to the instant collateral trust agreement concluded with Q, Defendant New Real Estate Trust Co., Ltd.: (a) in order to realize the instant real estate, including the instant real estate under the consent of the Credit Guarantee Board; (b) on June 24, 2013, notified the public auction on the instant real estate, including the instant real estate, conducted the public auction procedure on the instant real estate, but failed to comply with the auction procedure on the instant real estate, Defendant P on April 30, 2015.

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