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(영문) 전주지방법원 2019.10.11 2019가단397

사해행위취소

Text

1. As to shares of 1/2 of the real estate listed in the attached Table 1 list

A. The Defendant and Nonparty C concluded on April 4, 2018.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against Nonparty C) on March 17, 2016, the Plaintiff is Nonparty D (a mutual company E before the change, a limited liability company E before the change; hereinafter “foreign company”).

(2) On March 17, 2021, Nonparty C loaned 100,000 won to the Plaintiff at an interest rate of 4.27% per annum, overdue interest rate of 12% per annum, redemption of principal and interest rate of 2% per annum, and repayment of principal and interest of 3 years, with the maturity fixed on March 17, 2021. Nonparty C entered into a collateral guarantee contract with the Plaintiff on the debt owed to the Plaintiff by Nonparty Company up to KRW 120,000. (2) Nonparty Company did not pay the Plaintiff the principal and interest of the Plaintiff from April 17, 2018, and lost the interest of December 21, 2018.

B. On April 4, 2018, Nonparty C entered into a mortgage contract with the Defendant regarding the maximum debt amount of KRW 50,000,000 with respect to the portion of 1/2 out of the instant apartment (hereinafter “instant apartment”) and the debtor C and the mortgagee as the Defendant (hereinafter “mortgage contract”).

() On April 5, 2018, pursuant to the instant mortgage contract, the establishment registration of a mortgage (hereinafter “the establishment registration of a mortgage of this case”) was made on April 5, 2018 by the Jeonju District Court No. 3932, which was received on April 5, 2018, as to the first/2 shares of the instant apartment among the instant apartment units (hereinafter

(2) At the time of the instant mortgage contract, Nonparty C’s property status was in excess of the obligation as shown in the attached Table 2.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 6 evidence, inquiry of facts about F by this court, and purport of the whole pleadings

2. Determination of the parties' arguments

A. The existence of the preserved claim is examined, and as seen earlier, the plaintiff's claim against the non-party C against the non-party C had already been established prior to the contract to establish the right of revocation of the right of revocation of the case.

B. Prior to the establishment of a fraudulent act, one day.