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(영문) 서울중앙지방법원 2015.10.23 2015가단5019820
사해행위취소
Text

1. Defendant A, B, and C jointly and severally with the Plaintiff as to KRW 63,148,637 and KRW 62,159,347 among them.

Reasons

1. There is no dispute between the parties as to the facts listed in the separate sheet of claim.

2. According to the above factual relations with Defendant A, B, and C, the above Defendants are obligated to pay the money set forth in paragraph (1) of this Article.

3. Claim against Defendant D

A. The fact-finding that Defendant B, as the representative director of the Defendant Company, aggravated the management status of the Defendant Company and caused a credit guarantee accident under the above paragraph (1) from October 1, 2014, concluded a collateral security contract and a pre-sale agreement with the Defendant D (the Defendant D is in a pro rata relationship with the Defendant C, the wife of the Defendant B) on September 2, 2014, and completed registration of the establishment of a neighboring mortgage and the right to claim transfer of ownership as stated in paragraph (2) of the purport of the claim in Defendant D’s name.

Defendant B, at the time of the above contract to establish a collateral security and the pre-contract to sell and purchase the same amounting to KRW 609,442,00 (each of the certificates Nos. 4 and 5) was recorded on the part of the financial institutions including the Plaintiff, while the property was one-half of the real estate listed in the separate sheet (total market price of KRW 221,625,00) and one-half of the 952 square meters of E E in terms of harmony (based on the publicly announced land price of KRW 20,94,00,000, however, there was a set of a collateral of KRW 120,000 for this real estate).

[Ground for Recognition: Facts without dispute, Gap evidence 2 through 5, purport of whole pleadings]

B. In full view of the facts acknowledged as above, it constitutes a fraudulent act against the plaintiff, who is the creditor of the defendant B, to conclude a mortgage contract and a promise to sell and purchase real estate listed in the separate sheet as above with the defendant D regarding each real estate listed in the separate sheet.

The contract to establish a mortgage and the promise to trade among the aforementioned Defendants shall be revoked.

As a result, Defendant D is obligated to implement the procedure of cancellation of the registration of the establishment registration and the right to claim transfer of ownership above to Defendant B.

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