beta
(영문) 대구지방법원 2017.05.23 2016가단37195

대여금및사해행위취소

Text

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

A. The real estate indicated in the separate sheet between Defendant D and Nonparty E.

Reasons

1. Basic facts

A. E operates a household store with the trade name of “F”, and the real estate listed in the separate sheet (hereinafter “instant real estate”) was the only real estate owned by it.

With respect to the instant real estate, on January 14, 2009, the registration of the establishment of the right to collateral security (the right to collateral security (the right to collateral security) (the right to collateral security), which is 119,600,000 won for the maximum debt amount of 119,60,000, was made. On August 5, 2014, E had the right to collateral security (the right to collateral security) with the maximum debt amount of 48,100,000, which is the maximum debt amount of the right to collateral security (the right to collateral security). On November 4, 2014, E had the right to collateral security (the right to collateral security) registered with Defendant D, who is a person who takes charge of the right to collateral security (the right to collateral security (the right to collateral security) with the trade name "G", and had the right to collateral service with her husband H.

The above defendant is called ‘E' on March 31, 2010.

On April 4, 2014, Defendant C and H made a loan to the instant real estate several occasions after the initial loan transaction. Around December 15, 2014, the principal amount was KRW 48 million, interest rate of KRW 25 million per annum, and KRW 25% per annum, and KRW 40 million per annum. (c) Defendant C and H extended the due date for repayment twice due to E’s failure to repay the debt. Nevertheless, E failed to repay the debt. (d) around December 15, 2014, H applied for a compulsory auction on the instant real estate based on the instant enforcement document. E promised to set up a collateral security right to secure the remainder of the debt by paying out some debt to Defendant C and H, and set up a collateral security right to secure the remainder of debt. Accordingly, Defendant D obtained a loan to Defendant C and H on December 26, 2014, and revoked the remainder of the debt amount of KRW 300,000,300,300 on the date of the loan establishment of the collateral security right.