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(영문) 창원지방법원 2016.08.16 2014가단24061
사해행위취소 등
Text

1. As to the real estate listed in the separate sheet, the sales contract between D and Defendant B as of July 17, 2014 and D.

Reasons

1. Basic facts

A. 1) The Plaintiff: (a) lent KRW 50,00,000 to E; (b) drafted a loan certificate on March 24, 2014; and (c) asserted that D bears joint and several liability for the loan debt of E as a joint and several surety; and (d) filed an application for a payment order for a loan with the principal obligor E and D, a joint and several surety; and (c) on July 22, 2014, the court issued a payment order with the content that “D shall pay to the Plaintiff 60,000,000 won and damages for delay at the rate of 20% per annum from July 31, 2014 to the date of full payment; (b) D was delivered with the payment order on July 30, 2014; and (c) D was dismissed only after the objection was filed on August 14, 2014.

8. 14. Finality

(J) Busan District Court No. 2014 tea 10264, hereinafter referred to as the "instant payment order"). (b)

1) On July 17, 2014, E is the friendship of Defendant C, and D is the husband of the E. (2) D determined the purchase price of the instant real estate owned by the Defendants as KRW 60,00,000, and the remainder KRW 60,000,000 was paid on July 17, 2014 and concluded a sales contract with the Defendants to specify the said real estate on the same day (hereinafter “instant sales contract”), and on the same day, it concluded a sales contract with the Chang-gu District Court, Seoul District Court, as the receipt of No. 15702 on July 17, 2014, and completed the transfer registration of ownership of each one/2 shares (hereinafter “each of the instant transfer registration”).

3) At the time of the instant purchase and sale contract, the instant real estate is registered (1) the establishment registration of a neighboring mortgage, which is KRW 26,000,00 for the debtor D and the Korea Development Bank as the mortgagee Co., Ltd. (Law No. 889, Jan. 19, 1998; 2) the maximum debt amount, which is KRW 5,500,000 for the debtor D and the Korea Development Bank as the mortgagee Co., Ltd., Ltd., and 5,50,000 for the establishment registration of a neighboring mortgage (

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