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(영문) 의정부지방법원고양지원 2014.05.14 2013가합9321
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In the case of Pakistan-si and 8 lots of land, C (hereinafter “instant building”) had the execution company of the new construction and sale business of the building, which is a Class 2 neighborhood living facilities of the building on the ground (hereinafter “the instant building”), the KC Development Co., Ltd. (hereinafter “KC Development”) entered into a contract with Han Young-gu Co., Ltd. (hereinafter “KK”), under which the construction of the instant building was contracted to Han Young-young, and Han Young-gu performed the said construction from January 1, 2007.

B. The Plaintiff entered into a contract with Han Young-young to accept a subcontract for steel works among the above works, and performed steel framed works.

On March 21, 2008, the Plaintiff agreed to pay the Plaintiff the construction cost of KRW 1,339,000,000 in relation to the said steel industry development.

C. On May 18, 2009, the Defendant entered into a mortgage agreement on each real estate listed in the separate sheet, which is part of the instant building, (hereinafter “mortgage agreement”). On May 21, 2009, the Defendant completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with respect to each real estate listed in the separate sheet, under the receipt of No. 31868 on May 21, 2009, for the Jinyang Branch District Court, Dayang Branch Office, Dayang Branch Office, which received on May 21, 2009, regarding each real estate listed in the separate sheet.

[Grounds: Facts without dispute, Gap evidence 1, Gap evidence 3-1 to 3, the purport of whole pleadings]

2. (i) On May 18, 2009, the development of the K Industry, which was in excess of the obligation of the Plaintiff on May 18, 2009, concluded the instant mortgage contract with the Defendant, and completed the registration of establishment of a mortgage on May 21, 2009.

In other words, the development of the KM industry: ① the obligation of the Plaintiff 1,339,00,000 won to the Plaintiff on May 18, 2009; ② the obligation of the buyers of each of the units of the instant building in KRW 29,609,678,094 to the buyers of each of the units of the instant building; and ② the obligation of KRW 15,234,93.

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