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(영문) 의정부지방법원 2017.01.12 2015가합1960

사해행위취소, 근저당권설정등기말소

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1.(a)

On November 11, 2014, it was concluded between Nonparty E and Nonparty F on each real estate listed in the separate sheet.

Reasons

1. Presumed factual basis

A. The Plaintiff’s issuance of three promissory notes (a total sum of KRW 225,00,000,000; hereinafter “instant promissory notes”) around March 19, 2014, to Nonparty F’s non-party 1’s claim for the payment of the Promissory Notes against Non-Party F (hereinafter “the instant farming association”). The F endorsed the Plaintiff on August 19, 2014.

On April 6, 2015, the Plaintiff issued an order for payment of the promissory notes against F and G, its husband, to the effect that “F, to the Plaintiff, F, to KRW 125,00,000, KRW 1000,000, KRW 100,000 in combination with F and G, and each of its delayed payment damages,” which became final and conclusive on April 28, 2015.

Since then, the Plaintiff received KRW 120 million from F and G.

B. F’s act of establishing the right to collateral security with respect to each of the instant real estate was completed on November 12, 2014 with respect to each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on November 11, 2014 by the Government Registry of the Jung-gu District Court on the ground of a contract establishing the right to collateral security (hereinafter “instant contract”) on November 11, 2014 (hereinafter “instant contract”). On November 12, 2014, F completed the joint creation of the right to collateral security (hereinafter “instant right to collateral security”) for the debtor F, the mortgagee E, the maximum debt amount of claims 260,000,000.

C. F’s active and negative properties around November 1, 2014, which was at the time of the establishment of the instant right to collateral security, around F’s property at the time of the establishment of the instant right to collateral security, are as follows. Therefore, F was in excess of its obligation.

823,188,360 won - Market value of each real estate of this case 823,188,360 won - Gangwon-gun H, I, J, K land and ground buildings of this case exceed 544,678,00 won at the market value of the above real estate, and thus, it does not constitute F’s responsible property for general creditors.

Total sum of small-sized property 1,521,103,739 - In the case of Pyeongtaek-gun, branch loans 372,274.