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(영문) 대구지방법원포항지원 2017.09.21 2016가합11429
사해행위취소
Text

1. As to each real estate listed in the separate sheet between Defendant B and H, respectively, concluded on June 29, 2016.

Reasons

1. Basic facts

A. On June 29, 2016, H entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) under which H sells each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to Defendant B for KRW 700,000,000 (hereinafter “each of the instant sales contracts”).

B. On June 30, 2016, H completed the registration of the branch court of the Daegu District Court’s Branch on each of the instant real property and the registration of the preservation of ownership on June 30, 2016, as the receipt on June 30, 2016.

C. On June 30, 2016, H completed the registration for each of the instant sales contracts to Defendant B, the Daegu District Court Branch of Port Branch and the registration for each of the instant transfer of ownership (hereinafter “each of the instant transfer of ownership”) under the receipt of No. 54299 on June 30, 2016.

Defendant B’s order with Defendant C as Defendant B, on June 30, 2016, with regard to each of the real estates listed in the attached list Nos. 1, 2, 5, and 8, the maximum amount of claims arising from the contract to establish a mortgage as of June 29, 2016, and the amount of claims related to the mortgage as of June 29, 2016.

B. (1) to (6) completed the registration of creation of each existing mortgage mentioned in paragraphs (1) through (6).

E. On June 30, 2016, Defendant B issued an order with Defendant D as Defendant B with regard to each of the real estates listed in the attached list Nos. 1, 2, 5, and 8, on June 29, 2016, for which the maximum amount of debt is KRW 28,00,000, and the debtor as Defendant B.

C. (1) to (6) completed the registration of creation of each existing mortgage mentioned in paragraphs (1) through (6).

F. On July 14, 2016, Defendant B: (a) with respect to the real estate listed in paragraph (4) of the attached Table No. 4 to Defendant E, Defendant B, the maximum debt amount of which is KRW 60,000,000; and (b) the debtor as Defendant B, due to the contract to establish a right to collateral security on July 14, 2016.

The registration of the establishment of a neighboring mortgage mentioned in the port was completed.

G. On July 12, 2016, Defendant B: (a) with respect to the real estate indicated in paragraph (9) of the attached Table No. 9, Defendant B, as Defendant B, the maximum debt amount of KRW 140,000,000; and (b) with the debtor as Defendant B, due to the contract establishing a right to collateral security on July 11, 2016.

The registration of the establishment of a neighboring mortgage mentioned in paragraph (1).

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