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(영문) 의정부지방법원고양지원 2017.10.13 2016가합75183

사해행위취소

Text

1. As to the buildings listed in the separate sheet:

A. The conclusion was made on October 5, 2015 between Defendant A and C.

Reasons

1. Facts of recognition;

A. On February 13, 2009, the Industrial Bank of Korea entered into a loan transaction agreement with D on KRW 1 billion (5.95% per annum from February 11, 2010 on the expiry date of the loan, 5.95% per annum from the expiration date, 13% per annum). On February 11, 2009, the loan transaction agreement with E on KRW 948 million (the expiration date of the loan, February 11, 2010; 5.95% per annum from the expiration date of the loan; 13% per annum from the expiration date of the loan); the loan transaction agreement on KRW 310 million with F on June 12, 2009 on the loan transaction agreement with each of the above joint and several surety debt agreements (the loan agreement was concluded on June 12, 2010; 5.95% per annum from the expiration date of the loan; 13% per annum from each of the above joint and several surety debt agreements (hereinafter referred to as the above loan agreement).

The principal and interest of the joint and several liability obligation of this case at the time of filing the instant lawsuit is KRW 202,527,311.

B. On November 27, 2012, each of the instant loans was transferred from the Industrial Bank of Korea to Penmana Yugen Sekini Jgyo Kuma under a contract for asset acquisition on November 27, 2012. On December 21, 2012, the asset acquisition contract was concluded with the UN Esckin limited company specialized in securitization and the UN Escining limited company specialized in securitization, and was finally transferred to the Plaintiff according to a contract for asset acquisition concluded on November 6, 2015.

On December 15, 2015, the Industrial Bank of Korea, the United Nations Es.S. Limited Liability Company and the UN Es.S. Specialized in Primary Asset-backed Securitization notified the debtor, D, E, and F of the above assignment of claims.

C. Meanwhile, on October 6, 2015, C completed the registration of initial ownership on the buildings listed in the separate sheet, and on the same day, C’s registration of initial ownership on the said buildings to Defendant B’s establishment of a neighboring mortgage on the ground of the agreement to establish a collateral security contract as of October 5, 2015, as the receipt of the registration office of the High Government District Court of Yangyang Branch Branch Branch of the High District Court (hereinafter “Defendant Company”) and to Defendant A (hereinafter “Defendant Company”).