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(영문) 대전지방법원서산지원 2020.05.12 2019가단1895
사해행위취소등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2 and Eul evidence Nos. 1 and 2.

The Plaintiff has a claim against C for the amount of supply of steel materials of KRW 21,530,00 and damages for delay calculated at the rate of 20% per annum from February 21, 2014 to the date of full payment.

On November 25, 2013, the Plaintiff applied for a payment order under Seoul Southern District Court Decision 2013 tea18877, and the said payment order (hereinafter “instant payment order”) was finalized on March 7, 2014.

B. C completed the registration of ownership transfer with the transaction value of KRW 37,88,377 on February 24, 2014 regarding the real estate listed in the separate sheet (hereinafter “the apartment of this case”). On May 27, 2014, on the ground of sale of KRW 38,000,000, the transaction value of KRW 38,000 (hereinafter “the sale of this case”). On May 27, 2014, the Daejeon District Court’s Seosan Branch Support and the Defendant, a spouse of his/her own Dong D’s spouse, completed the registration of ownership transfer in the future.

C. Meanwhile, at the time of the instant purchase and sale, the right to collateral security of KRW 2.16 million was established in F Co., Ltd. (hereinafter “F”), the title holder of the instant apartment as the obligor E, and C, upon the registration of transfer of ownership regarding the instant apartment on February 27, 2014, the right to collateral security of KRW 50,000,000,000,000,000,000,000 won, was established in the future on May 20, 2014. The Defendant, on May 22, 2014, prior to the completion of the registration of transfer of ownership, set the right to collateral security of KRW 21,50,000,000,000,000,000,000,000,000,000,000 won, as the obligor, was re-established in F.

On June 10, 2014, the Defendant, after completing the registration of transfer of ownership on the apartment of this case, shall be the debtor of the right to collateral security of this case.

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