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(영문) 대구지방법원 2018.01.19 2016가단113464

사해행위취소

Text

1. The defendant shall have jurisdiction over each real estate listed in the separate sheet to the plaintiff litigant in the Daegu District Court, Youngcheon Registry.

Reasons

1. Basic facts

A. On March 27, 2014, the Plaintiff’s Intervenor (hereinafter “Plaintiff”) who had been engaged in the business under the mutual credit guarantee agreement C (i.e., the Intervenor’s credit guarantee agreement (hereinafter “ Intervenor”) concluded a credit guarantee agreement between the Intervenor and the Korean Bank (hereinafter “National Bank”) on the amount of KRW 100 million as the guaranteed amount of KRW 90 million, and the guaranteed period of KRW 26,000,000,000,000 as of March 26, 2015 (which was extended to March 25, 2016). A credit guarantee agreement was concluded between the Intervenor and the Korean Bank on February 17, 2015 to obtain a loan of KRW 110 million from the Korean Bank. < Amended by Act No. 13190, Feb. 16, 2016>

B. On February 15, 2016, the Plaintiff entered into a mortgage agreement between the Defendant and the Defendant regarding each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with a maximum debt amount of KRW 100 million (hereinafter “mortgage agreement”). On February 16, 2016, the Plaintiff concluded a mortgage agreement with the Daegu District Court registry office as the Defendant, which received on February 16, 2016.

C. On February 22, 2016, the Intervenor obtained the right to reimbursement against the Plaintiff by subrogation of KRW 191,085,284 to the National Bank on May 27, 2016 after receiving notification of credit guarantee accidents due to delinquency in principal from the National Bank.

At the time of establishing the instant mortgage agreement, the Plaintiff did not have any particular active property other than each of the instant real estate, and was liable for a large amount of debt to the National Bank, the Refrigercheon Saemaul Bank, etc.

E. On February 26, 2016, the Plaintiff filed an application for individual rehabilitation with Daegu District Court 2016 Daegu District Court 201891, and was subject to the commencement order of individual rehabilitation procedures on August 31, 2016, the order to exercise the avoidance power on October 26, 2016, and the Debtor Rehabilitation and Bankruptcy Act.