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(영문) 서울남부지방법원 2016.01.21 2015가합102065
사해행위취소
Text

1. The contract to establish a mortgage concluded on June 13, 2014 shall be cancelled in accordance with attached Form BD, subject to the real estate recorded in the list.

2.

Reasons

1. Facts of recognition;

A. At the time of May 21, 2014, the Plaintiff: (a) entered into a contract for the supply of goods with D, who was a candidate for an election campaign bulletin of Gyeonggi-do superintendent of education, to deliver 5.2 million won (hereinafter “instant goods supply contract”); and (b) received 35 million won out of the aforementioned payment from D to D until August 14, 2014, under the condition that D would receive KRW 517 million (hereinafter “instant goods supply contract”); and (c) supplied D with 5.2 million (hereinafter “instant goods supply contract”); and (d) received KRW 35 million from D on June 23, 2014.

Then, on January 22, 2015, the Plaintiff filed a lawsuit against D seeking payment of the above goods price, and rendered a judgment that “D shall pay to the Plaintiff KRW 482 million ( KRW 517 million - KRW 35 million) and damages for delay thereof,” and the said judgment became final and conclusive.

(Seoul Central District Court 2014Kahap5746).(b)

D As to the apartment as indicated in the attached list (hereinafter “the apartment of this case”), on May 19, 2014, the Defendant C entered into a mortgage agreement of KRW 400 million with the maximum debt amount, and completed the registration of establishment of a mortgage of KRW 78538 on the same day (hereinafter “the first mortgage”) with Defendant B, who is the Dong under the hand of June 13, 2014, with the Suwon District Court’s registration office, the registration office, which is the Suwon District Court’s registry office, and completed the registration of establishment of a mortgage of KRW 100 million with the maximum debt amount as of June 16, 2014.

(hereinafter referred to as “second right to collateral security”)

D At the time of entering into the instant goods supply contract, there was no particular real estate except the apartment of this case, and the small property was insolvent in excess of active property.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 6 (Evidence with Serial Nos. 1 to 6 including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. According to the above fact of recognition of the existence of the preserved claim, the Plaintiff.

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