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(영문) 대전지방법원논산지원 2016.02.04 2015가단2464

사해행위취소 등

Text

1. The contract to establish a mortgage between the defendant and F on January 14, 2015, which was entered into between the defendant and F.

Reasons

Basic Facts

1) In the Daejeon District Court 2005j41 loan demand case between G and F, the above court issued an order on January 17, 2005 that "F shall pay to G 51,940,000 won per annum from December 26, 2003 to the date of service of payment order, and 20% per annum from the next day to the date of full payment order." The above payment order was served to F on January 25, 2005 and became final and conclusive on February 12, 2005, and died on December 25, 2005, and there is Plaintiff, Plaintiff B, C, and D who is his spouse.

3) On April 30, 2014, F repaid to the Plaintiffs KRW 10,00,00 as part of the borrowed loan debt under the above payment order. 4) In the Daejeon District Court case where the Plaintiffs filed against F for the interruption of extinctive prescription of loan claims under the above payment order, the said court decided January 9, 2015 that “F shall pay to Plaintiff A KRW 49,46,808 and KRW 17,313,334 out of the borrowed loan amount, KRW 32,964,538, and each of the above amounts, KRW 11,542,222 from January 7, 2015 to the date of complete payment, the order for payment was finalized on January 17, 2015.”

F. The real estate listed in the separate sheet No. 1 of January 14, 2015 (hereinafter referred to as the "real estate No. 1 of this case") refers to the real estate listed in paragraph (1) of this case, and the remaining real estate is also referred to in the same manner. The total sum of the above real estate is referred to as "each real estate of this case".

(B) On January 14, 2015, the lower court determined that the mortgage contract was a contract establishing the right to collateral security (hereinafter “mortgage contract”).

(B) On February 23, 2015, F sold each of the instant real estate to the Defendant on February 23, 2015, and hereinafter “the instant real estate was sold to F, the mortgagee, the Defendant, the maximum debt amount of KRW 85,00,000.”