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(영문) 광주지방법원 2016.11.11 2015가합405

사해행위취소 등

Text

1.(a)

On July 30, 2013, Defendant A and Nonparty D Co., Ltd. entered into a contract on the real estate listed in the attached Table 1 list.

Reasons

1. Basic facts

A. On July 18, 2012, the Plaintiff entered into a comprehensive collateral guarantee contract between the Plaintiff and D (hereinafter “instant comprehensive collateral guarantee contract”) with D (hereinafter “D”) and the Plaintiff, setting the first priority collateral security right on each unit of the apartment of Gwangjubuk-gu (hereinafter “instant apartment”) newly constructed by D, and then extended part payments to the buyers of each unit of the instant apartment of this case. D concluded a comprehensive collateral guarantee contract with a maximum amount of KRW 5,116,672,00 to jointly and severally guarantee the obligation of the aforementioned unit buyers within the limit of KRW 5,116,672,00 (hereinafter “instant comprehensive collateral guarantee contract”). A total of KRW 3,930,500,000 to the said unit buyers.

B. (1) On July 30, 2013, the establishment, etc. of the right to collateral security against the instant real estate by D (hereinafter “instant right to collateral security”) was completed against the Defendant A with the maximum debt amount of KRW 500,000,000, and the establishment registration of the right to collateral security against the obligor D (hereinafter “instant right to collateral security”) against the real estate listed in the attached list No. 19132 on the same day, which was received from the Jeju District Court Naju registry office, as the joint collateral on the same day.

(2) On August 9, 2013, Defendant C completed the registration of establishment of a mortgage (hereinafter “instant second collateral mortgage”) with the maximum debt amount of KRW 1,500,000,000, and the debtor D’s establishment of a mortgage (hereinafter “instant second collateral mortgage”) on the same day, which was received from the Gwangju District Court Naju Registry on the same day.

(3) Defendant A transferred the instant collateral security to Defendant B on August 16, 2013 by the Gwangju District Court Naju Registry No. 20577 of its receipt on August 19, 2013.

C. (1) On December 12, 2013, the voluntary auction procedure regarding the instant real estate (hereinafter “instant auction procedure”) started on December 12, 2013, and on November 27, 2014, the instant real estate was commenced.