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(영문) 부산지방법원 2021.01.05 2019가단330627
사해행위취소
Text

The plaintiff's primary and conjunctive claims are all dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. On August 5, 2018, the Plaintiff supplied piping materials, etc. to E (hereinafter “E”) located in Busan District Court, Busan District Court (hereinafter “Seoul District Court”) and held a claim for the amount of KRW 70,990,216 for the purchase of goods. However, on August 13, 2019, the Plaintiff filed a lawsuit against E with the Busan District Court against the Plaintiff on April 13, 2018, and was sentenced to the Plaintiff to pay the principal amount of KRW 70,990,216, and the delayed damages amount of KRW 70,90,216, and the above judgment was finalized on September 3, 2019.

B. Each real estate listed in the separate sheet of real estate (hereinafter “each of the instant real estate”) was owned by Defendant B, but the said Defendant completed the registration of transfer of ownership on July 15, 2015 to E on June 18, 2015.

E obtained a loan from G on October 29, 2015, with respect to each of the instant real estates on the same day, completed the registration of the establishment of the right to collateral security with the maximum amount of KRW 252 million on the grounds of a self-contract on the same day.

(c)

E on August 24, 2016, after completing the registration procedure for the transfer of ownership on each of the instant real estate to D Co., Ltd. (hereinafter “D”) on June 18, 2016.

On April 10, 2017, D Co., Ltd. completed the registration of the establishment of the right to collateral security on the ground of the termination of the contract to establish the right to collateral security.

(d)

D On April 10, 2017, Defendant B completed the registration procedure for transfer of ownership on March 16, 2017 with respect to the share of 631.8/8 of the attached list 1 of the real estate (hereinafter “real estate No. 1”) and the attached list No. 3 of the real estate list No. 3 of the attached list (hereinafter “real estate No. 3”) to Defendant B on April 10, 201, and on June 26, 2018, the registration procedure for transfer of ownership was completed on June 15, 2018, with respect to the share of 130.1/46 of the instant real estate No. 1 and the title No. 2 of the attached list No. 2 of the real estate (hereinafter “the instant real estate No. 2”).

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