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(영문) 울산지방법원 2018.04.25 2016가합22840
사해행위취소
Text

1. On July 28, 2015, the Defendants and E pertaining to each real estate listed in the separate sheet 2 through 10.

Reasons

1. Basic facts

A. On October 14, 2014, the Plaintiff loaned KRW 240 million to Nonparty F Co., Ltd. (the trade name was changed to E; hereinafter “Nonindicted Co., Ltd.”). On the same day, the Plaintiff obtained from Nonparty Co., Ltd. the registration of creation of a neighboring mortgage amount of KRW 312 million with respect to the real estate listed in the separate sheet No. 1 (hereinafter “instant land”) owned by Nonparty Co., Ltd. in order to secure the said loan claim.

B. Since then, the non-party company requested the Plaintiff to grant additional loans on the ground that the funds are needed to construct the building on the land of this case.

Accordingly, the Plaintiff transferred the project implementation right to the building newly built to the non-party company to the Plaintiff, and presented the condition that the establishment registration of the first priority neighboring building should be completed when the building is completed, and the non-party company consented to the said condition.

C. On January 28, 2015, the Plaintiff entered into a general maximum trading loan agreement with Nonparty Company up to KRW 1.2 billion. On the same day, in order to secure the above loan claims, the Plaintiff received from Nonparty Company the registration of the establishment of the mortgage over the instant land amounting to KRW 1.56 billion with respect to the instant land.

In accordance with the above agreement, the non-party company was loaned a total of KRW 1.2 billion from January 28, 2015 to September 30, 2015 by the Plaintiff.

The non-party company bears the respective loan obligations of KRW 30 million against Defendant B, KRW 200 million against Defendant C, and KRW 200 million against Defendant D. On July 28, 2015, the non-party company concluded a mortgage agreement with Defendant B, C, and D as to the instant land (hereinafter “instant mortgage agreement”). On the same day, Defendant B completed the registration of establishment of a mortgage with each maximum debt amount of KRW 450 million against the aforementioned Defendants under the receipt of the Ulsan District Court Yangsan District Court’s receipt of 51896.3 billion against the said Defendants.

E. The non-party company around that time provides 39 defense rooms on the land of this case as follows.

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