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(영문) 청주지방법원 2013.09.04 2012가단14715

사해행위취소 등

Text

1. On October 18, 2010, the real estate stated in the separate sheet between the defendant and the non-party D was concluded.

Reasons

1. Facts of recognition;

A. Based on D’s order of Cheongju District Court 2010Gu1011 (No. 99Gadan21318, Apr. 10, 200), Plaintiff A has a claim for KRW 125,757,533 of the check amount and damages for delay of KRW 35,00,000 among them, and Plaintiff B has a claim for D’s loan of KRW 35,000 and damages for delay of KRW 3407, May 2, 200 (the case for extension of the extinctive prescription of the judgment of Cheongju District Court 9Da21431, May 2, 200).

B. D completed, on October 18, 201, the establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a neighboring mortgage”) No. 117845, which was received on October 18, 2010 from the Defendant, and the establishment registration of a neighboring mortgage (hereinafter “the establishment registration of a neighboring mortgage”) No. 37163, which was received on March 16, 201.

C. D’s financial status (i) at the time of the establishment of the primary right to collateral security: (i) KRW 253,671,821 (i) (i.e., KRW 68,195,03 KRW 185,476,788); (ii) at the time of the establishment of the primary right to collateral security, D owned one-third shares of land and buildings on the land (hereinafter “F real estate”), other than the instant real estate, in addition to the instant real estate, at the time of the establishment of the primary right to collateral security; and (iii) the value was 68,195,03 won [=204,585,100 won (i.e., land price of KRW 195,520,00 based on the officially announced land price of KRW 9,065,100) x 1/3; and (iv) the appraised value of the instant real estate was 185,476,788 won].

The sum of the Complemented Property: 699,114,926 won (=478,357,393 won) (=125,757,533 won 35,000,000 won 60,000 won with respect to F real estate) ① The debt amount of D 478,357,393 won with respect to F real estate (= the maximum debt amount of 400,000,000 won with respect to the right to collateral security of the Sejong Industries Co., Ltd. = the debt amount of 63,357,393 won with respect to the claim amount of provisional attachment as of February 5, 1998 (=30,700,000 won with a provisional attachment claim amount of 4,707,643 won 28,649,750 won) of the New Mutual Saving and Finance Company, 150,000 won with respect to the Plaintiff