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(영문) 서울고등법원 2018.10.17 2017나2072370
사해행위취소 및 어음금
Text

1. Defendant B’s appeal is dismissed.

2. Of the judgment of the court of first instance, including a claim for addition and modification in this court.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) Defendant B, on June 10, 2013, provides that the Plaintiff shall pay KRW 1 billion to the Plaintiff by November 10, 2013 (hereinafter “instant payment rejection”).

(2) On the same day, Defendant B issued to the Plaintiff a promissory note (hereinafter “instant Promissory Notes”) with the face value of KRW 1 billion and the due date of November 10, 2013, and issued a notarial deed with the purport that there is no objection even if a notary public delays the payment of the said Promissory Notes under No. 286 of 2013, which is a law firm branch, even if he is subject to compulsory execution.

B. On March 7, 2015, Defendant B entered into a contract to sell the instant real estate with Defendant C (hereinafter “instant sales contract”) and on April 7, 2015, Defendant B completed the registration of transfer of ownership on the ground of the instant sales contract with regard to the said real estate.

C. 1) At the time of the instant sales contract, the instant real estate is worth KRW 780 million with the maximum debt amount, Defendant B, and New Bank Co., Ltd. (hereinafter “New Bank”) with respect to the instant real estate at the time of the instant sales contract.

2)The first priority mortgage, ② the amount of the maximum debt, ② the amount of KRW 220 million, the debtor B, the debtor, and the second priority mortgage, the bank with the right to collateral security, ③ the amount of the maximum debt, ③ the debtor B, the debtor, the new bank with the right to collateral security, ④ the amount of the maximum debt, ④ the amount of KRW 600 million, the debtor D, and the bank of Korea (hereinafter referred to as the “Korea bank”).

) On June 16, 2016, the fourth collateral security was set respectively, but the Seoul Western District Court E, as Seoul Western District Court E, held the auction procedure for the instant real estate on June 16, 2016 (hereinafter “instant auction procedure”).

(2) On May 16, 2017, the real estate of this case was sold at the above auction procedure, and on May 16, 2017, F has the right to recover due to the revocation of fraudulent act.

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