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(영문) 서울동부지방법원 2014.12.03 2013가합100734
사해행위취소
Text

1. The real estate stated in the separate sheet Nos. 1 and 2 in the separate sheet between Defendant D and G is each concluded on October 29, 2012.

Reasons

1. On March 21, 2012, the Plaintiff: (a) acquired 10% equity interest in Lwa Holdings located in the 9th floor of the Songpa-gu Seoul Building from G to KRW 400 million; (b) concluded a share transfer agreement (hereinafter “instant share transfer agreement”) with the purport that G would receive KRW 350 million,000,000,000,000,000 from March 1, 2012, with the payment of KRW 350,000,000,000,000,000,000,000 as a loan, until G performed the transfer of equity interest to the Plaintiff; and (c) concluded a share transfer agreement with the purport that G would receive KRW 7.5 million interest (hereinafter “instant share transfer agreement”).

The Plaintiff filed a lawsuit against G for the payment of damages and loans (this Court 2012Ga103767) on the ground that G did not comply with the instant contract for the transfer and takeover of equity interest. During the appellate trial (Seoul High Court 2013Na2005235) of the said lawsuit, the Plaintiff entered into a mediation with the Plaintiff on October 31, 2013, stating that “G shall pay the Plaintiff KRW 100 million on December 31, 2013, KRW 2014, KRW 50 million on April 30, 2014, KRW 50 million on July 31, 2014, KRW 50 million on July 31, 2014, KRW 50 million on October 31, 2014, KRW 60 million on January 31, 2015, and KRW 5 million on January 31, 2015.”

G concluded a mortgage agreement with Defendant D on October 29, 2012 on each of the real estates listed in the separate sheet Nos. 1 and 2 (hereinafter “instant first mortgage agreement”) and concluded a mortgage agreement with Defendant D on October 30, 2012 on each of the instant real estates. On October 30, 2012, the establishment registration of the mortgage between Defendant D and Defendant G, the obligor G, and Defendant D, respectively, was completed.

G on November 13, 2012, the real estate listed in attached Table No. 1 to Defendant B was sold to Defendant C for KRW 100 million, each of the real estate listed in attached Table No. 2 to Defendant C for KRW 100 million (hereinafter collectively referred to as “instant sales contract”), and on November 14, 2012, Defendant B and C completed each registration of ownership transfer based on the instant sales contract.

G is about November 14, 2012 on the real estate stated in attached Table 3 with the Defendant Substitute Savings Bank.

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