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(영문) 부산지방법원서부지원 2020.10.30 2019가단109122

사해행위취소

Text

1. As to each real estate listed in the separate sheet:

A. It was concluded on November 23, 2018 between E and Defendant A.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a contract with E running a company F to guarantee the repayment obligation of the principal and interest of loan to be borne by receiving a loan from G Co., Ltd. and H Co., Ltd. In accordance with the above credit guarantee agreement, the Plaintiff issued each credit guarantee form to G and H according to the above credit guarantee agreement, and E received each loan from the above banks.

B. On December 8, 2018, E paid for KRW 453,315,98 upon the request for performance of the guaranteed obligation by H on May 9, 2019, and KRW 344,41,621 on May 16, 2019, upon the request for performance of the guaranteed obligation by G Co., Ltd., the Plaintiff subrogated for KRW 344,41,621 upon the request for performance of the guaranteed obligation by G.

C. E’s disposal 1) E is each real estate listed in the separate sheet (hereinafter “instant real estate”).

On November 23, 2018, Defendant A and the maximum debt amount of KRW 500,00,000, the obligor E and the Defendant A and the mortgagee A and the same day had been completed on November 23, 2018 (hereinafter “instant act of establishing a collateral security”). On the same day, Defendant A and the branch court of Busan District Court rendered a registration of creation of a collateral security, which was the No. 62197, the receipt of the Busan District Court’s Branch branch court on November 23, 2018 (hereinafter “instant act

(2) On November 30, 2018, E entered into a mortgage-backed contract with Defendant B, a corporation with a maximum debt amount of KRW 500,000,000, and a debtor E and a defendant corporation with a right to collateral security, and on the same day, he/she entered into a mortgage-backed contract with Defendant B, a corporation with a right to collateral security.

On December 17, 2018, Defendant C and D respectively concluded a mortgage-backed contract that constitutes a maximum debt amount of KRW 93,435,750,97,000,000, and on the same day, it was ordered to the said Defendants.

Port and Order No. 4-B

The registration of creation of a neighboring mortgage mentioned in paragraph (1).