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(영문) 서울북부지방법원 2015.09.23 2014가단29237

사해행위취소

Text

1. The contract to establish a right to collateral security concluded on August 16, 2012 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. B entered into a membership agreement with the Plaintiff, and was loaned from the Plaintiff using the credit card during the period from October 7, 2002 to April 28, 2012.

B. As of July 18, 2014, the Plaintiff has a claim of KRW 9,066,367, totaling KRW 6,790,09, interest rate of KRW 510,861, late interest rate of KRW 1,765,407, etc. against the Defendant.

C. On April 30, 2012, the Defendant lent KRW 5 million to B, and on August 16, 2012, concluded a contract to establish a mortgage (hereinafter “instant contract”) which constitutes a maximum debt amount of KRW 12 million with respect to the real estate listed in the attached list (hereinafter “instant real estate”). On August 17, 2012, the Defendant completed the registration of the Chuncheon District Court and the registration of the establishment of a mortgage on August 17, 2012, as Act No. 39054, Jun. 17, 2012.

At the time of entering into the instant mortgage contract, the instant real estate was the only property of B (B) equivalent to the officially announced land price of KRW 12.8 million (=202 square meters x 1000/24202 x officially assessed individual land price of KRW 12,800) and B are currently in excess of obligations.

The creditor's debt amount evidence 1 Samsung Card Co., Ltd. (the date of occurrence, July 16, 2012), KRW 700,000 and interest KRW 5 Plaintiff (the date of occurrence, Sep. 10, 2010) (the date of occurrence, Nov. 6, 201), 5, 3,808,00 and interest KRW 7,915,000 and interest KRW 4 Plaintiff (the date of occurrence, Feb. 13, 2012), 2,00,000 and interest KRW 5 Plaintiff (the date of occurrence, Sept. 10, 2010) (the date of occurrence, Sept. 10, 201)

E. At the time of establishing the mortgage of this case, the small property B except for B’s obligation to the Defendant is recorded in the following table.

[Ground of recognition] Unsatisfy, Gap 1-5 evidence, fact-finding results on the Minister of Land, Infrastructure and Transport, and the head of Dobong-gu Office of this Court.