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(영문) 광주지방법원순천지원 2017.11.22 2015가단72228
사해행위취소
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant B is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff paid D KRW 10 million on February 26, 2014; KRW 8.4 million on February 26, 2014; KRW 8.4 million on May 9, 2014; KRW 28.5 million on May 15, 2014; KRW 28.5 million on May 26, 2014; KRW 2.45 million on June 3, 2014; KRW 7.4.5 million on June 5, 2014; KRW 7.5 million on June 1, 2014; KRW 7.4.5 million on June 26, 2014; KRW 8.5 million on June 26, 2014; KRW 8.5 million on June 1, 2014; KRW 8.5 million on June 27, 2014; KRW 1.5 million on June 4, 2015.

B. On March 24, 2014, the Plaintiff and D drafted a notarial deed that “D will pay to the Plaintiff KRW 20 million by May 26, 2014 (Evidence No. 313),” and on September 17, 2014, “D will pay to the Plaintiff KRW 60 million by December 31, 2014” respectively, and on November 5, 2014, “D will pay to the Plaintiff KRW 20 million by November 30, 2014” respectively.

C. On July 14, 2014, D entered into a mortgage agreement with E as to the real estate listed in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 100 million, and E completed the registration of creation of a mortgage (hereinafter “instant mortgage”) with the Hancheon District Court No. 16809, Jul. 14, 2014.

E entered into a conclusive claim transfer agreement with Defendant C on August 12, 2015 with regard to the secured claim of the instant right to collateral security, and Defendant C completed the supplementary registration of the registration of the transfer of collateral security with the Busan District Court No. 17926, Aug. 13, 2015.

E. Meanwhile, on August 25, 2014, D entered into a trade reservation with Defendant B on the instant real estate (hereinafter “instant reservation”) and Defendant B entered into a provisional registration for the right to claim transfer of ownership as the receipt of No. 20673 on August 26, 2014.

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