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(영문) 서울중앙지방법원 2012.10.18 2011가단28685
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. On January 13, 2010, between the Defendant and the Maningland Co., Ltd.

Reasons

1. Facts of recognition;

A. The Maningland Co., Ltd. (hereinafter “Maningland”) was a joint executor who newly built and sold 2,576 households and 25 households and 25 households and 3rd-dong commercial buildings (hereinafter “instant apartment buildings”) on the ground of Cheongju-si B and Cheongdong-gu, Cheongju-si. The share in the instant apartment buildings, etc. was agreed between 60/100 and 40/100 by the Maningland.

B. Around July 2009, the apartment of this case, etc. was completed, and around that time, the collective bargainingland settled that two mountain construction and the apartment of this case were owned by two mountain construction, and that the commercial buildings of this case were owned by the collective bargainingland.

Accordingly, on September 17, 2009, 200 shares of the 40/100 shares in the commercial building of this case were transferred to the Greenland, and the apartment building of this case remains as the assets of the Greenland because it did not have the 60/100 shares in the apartment of this case due to the tax payment of the registration tax for the establishment of the business.

C. On September 23, 2009, the Maningland concluded a disposal trust contract with respect to the instant commercial building on the grounds of the trust on October 5, 2009, and completed the registration of ownership transfer in the future on the ground of the trust on October 5, 2009. On October 1, 2009, it borrowed KRW 800 million from the Korea Forest Mutual Savings Bank (hereinafter “Korea Forest Mutual Savings Bank”) and completed the registration of establishment of the neighboring commercial building, which became the Korea Forest Mutual Savings Bank (hereinafter “Korea Forest Mutual Savings Bank”), with the maximum debt amount of KRW 1 billion,040,000,000,000 for the same day.

On January 13, 2010, as to the commercial building of this case on January 13, 2010, after completing the registration of ownership transfer under the name of the trust property due to the attribution of the trust property, the parent-learningland entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the defendant as to the whole commercial building of this case including each real estate listed in the separate sheet (hereinafter “instant real estate”).

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