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(영문) 대구지방법원김천지원 2017.10.19 2017가단31100

사해행위취소

Text

1. On October 20, 2015, the real estate indicated in the separate sheet between the Defendant and Nonparty B was concluded between the Defendant and Nonparty.

Reasons

1. Basic facts

A. On April 28, 2015, the Plaintiff entered into a credit loan agreement with B with a loan amount of KRW 20,000,000, and loaned KRW 20,000 to B.

B. B, while paying interest on loans, began to delay interest, and on February 21, 2017, the principal and interest of loans as of February 21, 2017 are KRW 20,741,431.

C. On October 20, 2015, B entered into a mortgage agreement (hereinafter “instant mortgage agreement”) with the Defendant, who is a workplace partner, on the attached list, regarding the real estate (hereinafter “instant real estate”). On the following day, B concluded a mortgage agreement with the Defendant on October 20, 2015, with the Daegu District Court No. 75273, Oct. 21, 2015 regarding the instant real estate, the maximum debt amount of KRW 70,00,000, the debtor, B, and the Defendant’s establishment registration of mortgage (hereinafter “registration of mortgage”). D.

B was active property at the time of the instant mortgage contract, and there was no other property other than the instant real estate. However, as passive property, the Plaintiff was liable for the debt of KRW 159,600,000 to Hyundai Capital Capital Co., Ltd. (actual loan 133,00,000), the debt of loans to the Basp loan, and the debt of loans to the Defendant for the Basp loan, etc., and was in excess of the debt.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, the result of the response to the order to submit financial transaction information to Hyundai Capital Co., Ltd. by this court, and the purport of this court's order to provide tax information to the old and present court on May 15, 2017, the result of response to the response of tax information provision

2. Determination

A. The debtor's act of offering real estate, the sole property of which is one of the obligees, which had already been in excess of his/her obligation, as security for claims, becomes the subject of creditor's right of revocation in relation to other obligees, unless there are other special circumstances.