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(영문) 광주고등법원 2018.03.30 2017나11581
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The loan certificate stating that F shall borrow KRW 300,000,000 from D on April 29, 2008 at maturity on April 29, 2010 and 1.2% per interest month (hereinafter “the loan certificate of this case”).

3) The F’s claim against F based on the above loan certificate was issued (hereinafter “instant loan claim”).

(2) On April 30, 2008, D established a collateral security right of KRW 300,000,000 on the maximum debt amount with respect to the instant real estate (hereinafter “instant real estate”) and six real estate (hereinafter “the instant real estate”) located with the F on Apr. 30, 2008, with a view to securing the said obligation.

3) Since then, F received dividends of KRW 96,105,738 on July 20, 2015 in the voluntary auction procedure conducted with the Gwangju District Court H and I with respect to the instant real estate. (B) On May 16, 2011, F was issued a decision on provisional seizure of claims against D as to the instant loan claims against D’s J as the preserved right (hereinafter “decision on provisional seizure”). The said decision on provisional seizure was sent to J on May 18, 201 and to D on May 27, 2011, respectively.

2) D obtained, as a security for the foregoing contractual deposit claim, from J, the right to collateral security amount of KRW 6,217 square meters and the fourth floor building on the land from Gwangju District Court, as the maximum debt amount of KRW 900,000,000,000 on October 24, 2012. Of the foregoing collateral security claim, D transferred to K the said right to collateral security deposit amount of KRW 270,000,000 to M, 100,000,000 on October 15, 2012, and the said right to collateral security deposit amount of KRW 270,000,000 to M, 200,000,0000,000 to M, 200,0000,0000,0000,0000 to P, 200,0000,0000,0000 won to P, 231,719.

(3) Meanwhile, the Defendants around November 25, 2014.

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