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(영문) 광주고등법원 2017.11.17 2017나11475
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. In around 2004, the Defendant entered into an agreement between the Defendant and Gwangju Metropolitan City Urban Corporation (hereinafter “Seoul Metropolitan City Urban Corporation”) with the Gwangju Metropolitan City Urban Corporation (hereinafter “Seoul Metropolitan City Urban Corporation”), and the Defendant entered into the following agreements in handling loans to the purchaser of land supplied by Gwangju Urban Corporation (hereinafter “the first agreement”).

The main contents of the First Convention are as follows.

Article 4 (Prohibition of Infringement) The term "B (referring to the Corporation of Mine City)" means that "A (referring to the defendant)" does not arbitrarily engage in an act of transfer of ownership except for the special agreement on repurchase rights, creation of various rights, such as mortgage, superficies and transfer of land ownership, and other acts of interference with the acquisition of security rights of "A", with respect to land loaned by "A (referring to the defendant)" until "A" acquires the first-class collateral right.

Article 5 (Preservation of Loan Claims) (1) "B" shall comply with a request to grant the assignment of claims to a person who purchases a parcel of land paid by "A (referring to a person who purchases a parcel of land supplied by the Mine Urban Corporation)" for the preservation of loan claims.

(2) If any of the following causes occurs before the completion of the implementation of a land sales contract, “B” shall be paid to “A” in accordance with the respective documents submitted by “A” and “B,” among the land price paid by “A” so that it can be appropriated first for the repayment of claims by “A”.

However, if a third party's measures, such as seizure, provisional seizure, etc., are taken or cannot be paid directly to A, a deposit shall be made on the cancellation refund.

(hereinafter) Article 7 (1) 1 of the Act provides that “A” shall be notified to “B” when entering into a loan agreement with “A” or it is amended or terminated, and “B” shall be provided.

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