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(영문) 서울중앙지방법원 2015.06.24 2014가단161781

사해행위취소

Text

1.(a)

A contract to establish a mortgage between Defendant B and D on April 23, 2010.

Reasons

1. Basic facts

A. The plaintiff's claim against D from July 12, 2005 to the same year

9. up to 30. Loans totaling KRW 175,761,200 were extended, and some principal and interest were repaid until December 20, 207. At the time of January 21, 2008, loans amounting to KRW 134,440,659 (principal) were extended.

After that, the Plaintiff received partial principal and interest from D until November 1, 2010, and held 82,024,677 won as of the same day. The Plaintiff filed a loan claim against D under the Suwon District Court Branch Branch Decision 201Gahap11357, and the said court affirmed on December 20, 2011, “D shall pay to the Plaintiff 82,490,198 won and its 82,024,67 won with 5% per annum from November 2, 2010 to December 30, 201, and 20% per annum from the next day to December 30, 201,” and the said judgment became final and conclusive on December 1, 2012 (hereinafter the instant judgment).

B. Around April 23, 2010, D borrowed KRW 36,000,00 from Defendant B, and entered into a mortgage agreement with Defendant B, setting the maximum debt amount at KRW 36,00,00 with respect to the real estate listed in the separate sheet (hereinafter “the instant real estate”). On the same day, D on April 23, 2010, as Seoul Central District Court Decision 20197, which was received on April 23, 2010, D borrowed KRW 30,00,000 from Defendant B, and concluded a mortgage agreement with Defendant B with respect to the instant real estate as stipulated in the separate sheet (hereinafter “the instant mortgage agreement”). D on the same day, as to the instant real estate on April 23, 2010, D borrowed KRW 30,000,000 from Defendant B on August 30, 2010, and received the mortgage registration agreement with Defendant B as to the instant real estate as stipulated the maximum debt amount at KRW 30,0,000,000,000,000.

3 D borrowed a total of KRW 51,570,000 from Defendant C during the period from August 23, 2006 to September 19, 2012, and Defendant C around January 4, 2013.