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(영문) 창원지방법원진주지원 2015.04.10 2014가단31659

사해행위취소 등

Text

1. As to each real estate indicated in the separate sheet,

A. On July 9, 2013, between C and the Defendant.

Reasons

1. Basic facts

A. On September 6, 2012, the Plaintiff lent KRW 170,000,00 to C with interest rate of KRW 24% per annum and due date of repayment on October 6, 2012. When C fails to perform the above obligation to the Defendant, C prepared and issued a notarial deed to the effect that there is no objection even if it was immediately subject to compulsory execution.

B. On July 9, 2013, the Defendant concluded a mortgage agreement with C with a maximum debt amount of 447,50,000,000 won with respect to each real estate indicated in the separate sheet as indicated in C (hereinafter “instant real estate”), the mortgagee of a mortgage, the Defendant, and the debtor C (hereinafter “mortgage agreement”), and completed the registration of establishment of a neighboring real estate under the aforementioned purport as follows: (a) on July 9, 2013, the Changwon District Court received on July 9, 2013, and (b) No. 17944.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”) C.

C at the time of entering into the instant collateral security contract, the amount of negative property exceeds the amount of positive property.

C On May 30, 2013, in Jinju-si, which was owned by D on May 30, 2013, sold in KRW 60,000,000 the E large scale of KRW 992 square meters, and completed the registration of transfer of ownership on May 31, 2013 as the receipt of Jinwon District Court Decision 25638.

The Plaintiff filed a lawsuit against D for the cancellation of the above sales contract and the cancellation of the registration of transfer of ownership in the name of D on the ground that the above sales contract was a fraudulent act under the name of Jinwon District Court Decision 2014Da31154, and the judgment accepting the Plaintiff’s claim on November 7, 2014 was rendered. The above judgment became final and conclusive around that time.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1, 2, 3-1 through 7, 4, 5, Eul evidence No. 1, the Ministry of Land, Infrastructure and Transport of this court, and the result of the order of submission of tax information for Sacheon City, the purport of the whole pleadings

2. Where the debtor's property to determine the cause of the claim is insufficient to fully repay the debtor's property, any specific creditor of the debtor's property.