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(영문) 대구지방법원 2018.01.26 2017가단3380
사해행위취소등
Text

1. It was concluded on August 9, 2016 between the Defendant and E regarding the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. On March 8, 2016, the Plaintiff sold each Co., Ltd. E (hereinafter referred to as “E”)’s respective lebane worth of KRW 14,597,000, and KRW 594,000 on April 14, 2016.

On October 6, 2016, the Plaintiff filed a lawsuit against E seeking payment of unpaid portion of the price of the goods as Daegu District Court No. 2016 Ghana448, and filed a claim against E, and on October 6, 2016, the Plaintiff received a decision of performance recommendation that “E shall pay to the Plaintiff 11,191,000 won and the interest rate of 15% per annum from October 13, 2016 to the date of full payment.” The said decision of performance recommendation was finalized on October 27, 2016.

B. On June 10, 2016, E purchases from the F Co., Ltd. (hereinafter “Nonindicted Company”) each real estate listed in the separate sheet (hereinafter “instant real estate”) from the F Co., Ltd. (hereinafter “Nonindicted Company”) and the registration of ownership transfer on August 9, 2016 with respect to each of the said real estate, the shares in H 260.6/153, the shares in H 2514, the shares in H 375/2514, the shares in J 2514, the shares in J 375/2514, the shares in J 2514, and the shares in K 1,850,000,000.

E on August 9, 2016, with each of the above real estate as joint collateral, registered the creation of a neighboring mortgage in the amount of KRW 1,020,000 with the maximum debt amount of KRW 1,020,000.

C. On August 9, 2016, E concluded a mortgage agreement with the Defendant regarding the instant real property (hereinafter “mortgage agreement”) with the maximum debt amount of KRW 1,300,000,000, and the Defendant completed the registration of the establishment of a neighboring mortgage agreement based on the instant mortgage agreement as of August 16, 2016, the Daegu District Court’s Yeongdeungpo-gu District Court Registry No. 25292, supra.

E’s standard balance sheet on December 31, 2015, as of December 31, 2015, the total assets amounting to KRW 2,178,742,130, total assets amounting to KRW 1,449,385,302, total assets amounting to KRW 3,117,327,131, total assets amounting to KRW 3,117,327,131, total assets amounting to KRW 2,376,47,890.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 6 (including virtual numbers), Eul evidence Nos. 1, 2, and 7, and the result of this court's order to submit documents to the racing director of this court.

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