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(영문) 대구지방법원 포항지원 2017.03.14 2016가단104621

사해행위취소

Text

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

A. It was concluded on June 26, 2014 between the Defendant and B.

Reasons

1. Basic facts

A. On June 24, 201, the Plaintiff entered into a credit guarantee agreement with the non-party C Co., Ltd. (hereinafter “C”), and on June 22, 2012, the guarantee term of KRW 240,00,000, and the guarantee term of KRW 240,000 (the guarantee term has been extended until June 19, 2015), and the credit guarantee agreement between the non-party C Co., Ltd. (hereinafter “the credit guarantee agreement in this case”) was concluded with the company operating the loan for securing the loan of the loan, the bonds company operating the loan of the loan, and the credit guarantee agreement at the center of the Korean Bank Port of Korea (hereinafter “the credit guarantee agreement in this case”). B jointly and severally guaranteed

C around June 201, our bank received a loan from our bank in accordance with the credit guarantee agreement of this case.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation caused a credit guarantee accident caused by a natural body around December 30, 2014, and accordingly, the Plaintiff subrogated to the Bank for KRW 243,71,714 in total, by subrogationing C around February 2, 2015.

The Plaintiff filed a claim for reimbursement against Daegu District Court Branch 2015 tea578, and issued a payment order on March 3, 2015, and on March 24, 2015, the payment order against B was finalized on March 24, 2015.

C. On June 26, 2014, B entered into a mortgage agreement with the Defendant as to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as one’s sole property on June 26, 2014, and on June 27, 2014, B concluded a mortgage agreement with the Defendant on June 27, 2014, and completed the registration of the establishment of a neighboring mortgage set forth in paragraph (b) of Article 1 of the Order B with the Defendant.

(hereinafter referred to as "each of the instant collateral security rights" (based on recognition). 【No dispute exists; entry of Gap evidence 1 through 3; inquiry results on the Supreme Court’s computerized information center of this Court; the result of the order to submit taxation information for viewing of claims by this Court; the purport of the entire pleadings.

2. Determination

(a) Determination of the cause of the claim (1) by the obligee’s right of revocation of the existence of the preserved claim.