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(영문) 광주지방법원 2015.07.02 2014가단523331

사해행위취소

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1. The contract to establish a mortgage between the Defendant and B on February 17, 2014 regarding each of the real estates listed in the separate sheet.

Reasons

Facts of recognition

The Plaintiff’s preservation bond Hyundai Card Co., Ltd. entered into a credit card membership agreement with B, and made B use of the credit card, and as of April 8, 2014, B paid to Hyundai Card Co., Ltd. the amount of debt was KRW 28,650,919.

On April 11, 2014, Hyundai Card Co., Ltd. transferred the above claims to the Plaintiff, and notified the assignment of claims to B around that time.

The Plaintiff’s claim against B is KRW 31,368,082 as of September 25, 2014 and damages for delay in KRW 21,876,097.

On February 17, 2014, B created a mortgage under the name of the defendant with regard to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) as to each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) and entered into a mortgage agreement with the defendant, and Gwangju District Court Naju Registry of the Jeju District Court (No. 3461) completed the registration of creation of a mortgage with regard to each of the said real estates as joint collateral.

B’s property status was owned by 56 square meters in addition to each real estate listed in the attached Table at the time of the establishment of the above collateral security.

B, on January 23, 2014, bears 366,000 won as to the liability against the Seoul Guarantee Insurance.

(B) On August 30, 2014, after the establishment of a collateral security, the tax authorities did not have any income reported at the time of the establishment of the collateral security.

[Ground of recognition] In light of the fact that there is no dispute, Gap's evidence Nos. 1, 2, 3, 4, 5, and 6, each fact-finding conducted by the Minister of Land, Infrastructure and Transport, and the head of Naju Tax Office, each fact-finding conducted with respect to each of the real estate of this case in the name of the defendant, the Hyundai Card Co., Ltd., at the time when the right to collateral security was established in the name of the defendant, acquired the claim against Eul for credit card use money. At the time of the establishment of the right to collateral security