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(영문) 서울서부지방법원 2015.10.14 2015가단208453
사해행위취소
Text

1. Defendant B’s KRW 18,870,00 for the Plaintiff and KRW 20% per annum from May 13, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On April 22, 2014, Defendant B, who is engaged in the construction business in the trade name “E,” was contracted from the non-Kethyl District Development Bank Co., Ltd. to construct a new office building within the Sinsidong Gan District Co., Ltd. Around that time, Defendant B subcontracted to the Plaintiff the part of the interior interior interior interior interior interior interior of the building in KRW 23,870,000.

The Plaintiff completed the aforesaid interior work from April 25, 2014 to June 2014, but only Defendant B paid KRW 5,000,000 out of the agreed construction cost on July 18, 2014.

B. On October 9, 2014, Defendant C sold the instant housing at KRW 155,00,000, and on October 16, 2014, the registration of ownership transfer was completed on October 16, 2014, when Defendant B and his/her spouse were residing in Ansan-si, the only real estate owned by them (hereinafter “instant housing”).

(hereinafter “instant disposition”). Defendant B, after having moved to another place at that time, took a move-in report at a place where he did not actually reside, made it impossible for the Plaintiff to grasp the location of Defendant B.

C. At the time of the instant disposition, the first priority mortgage, which consists of KRW 90,00,00 for the creditor bank, debtor, F, and maximum debt amount of KRW 90,00,00, was established, and the second priority mortgage was registered for the creditor bank, creditor bank, debtor, F, and maximum debt amount of KRW 2,40,00. A provisional attachment for the creditor bank, claim amount of KRW 17,160,00,00 for provisional attachment, creditor G, claim amount of KRW 4,050,00 for the creditor bank, creditor, G, claim amount of KRW 4,00,000 for the instant house. However, the said provisional attachment was revoked on October 2, 2015 by Defendant B and his spouse’s repayment of the money paid from Defendant C as the purchase price, and the secured debt of KRW 79,000,000 for the aggregate amount of KRW 2,000,000 for the purchase price.

Defendant C.

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