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(영문) 서울고등법원 2017.10.11 2016나2007997

사해행위취소

Text

1. Revocation of the first instance judgment.

2.(a)

As to each real estate listed in the separate sheet between Defendant A and C, June 2013.

Reasons

1. Basic facts

A. On July 13, 2012, C took out a loan of KRW 85,00,000 from the Plaintiff, and created a collateral security (i.e., a maximum debt amount of KRW 110,50,000,000 to the Plaintiff with respect to the land owned by the Plaintiff (hereinafter “instant land”). Here, on December 10, 2012, E large 15 square meters and F large 407 square meters were divided, respectively, on January 16, 2014).

C On November 1, 2012, the Plaintiff entered into two loans agreements between the Plaintiff, each of which is 320,000,000 won, 330,000,000, and 236,000,000 won in total, and 248,000,000 won in total, from the same date to April 16, 2013, and repaid the total amount of loans on July 13, 2012.

C In order to secure such additional loans, the maximum debt amount of the said right to collateral security has increased to KRW 419,00,000 on November 1, 2012, and again, the amount of said right to collateral security has increased to KRW 630,50,000 on May 3, 2013. On the completion of the construction of the instant land, the Plaintiff agreed to set the first priority right to collateral security upon the completion of the construction.

B. C, upon obtaining a building permit on August 27, 2012, built two units of multi-household houses with 4th and 7th units above each ground (hereinafter “each building of this case”) on the instant land (excluding E land after division as above) and suspended construction due to financial shortage.

However, on June 17, 2013, regarding the instant land, the establishment registration of a mortgage between Defendant A, the maximum debt amount of 450,000,000, and the maximum debt amount of 150,000,000, was in the same order as the establishment registration of a mortgage between Defendant B and the maximum debt amount of 150,000.

In addition, on July 31, 2013, the registration of preservation of ownership was completed upon the entrustment of the registration of prohibition of disposal of provisional disposition by H on the instant building by the request of H on July 31, 2013, and immediately after the completion of the registration of establishment of a mortgage on the ground of an additional contract on June 17, 2013 (hereinafter “each of the instant mortgage contracts”), the registration of establishment of a mortgage on the ground of Defendant A, the maximum debt amount No. 450,000,000 as stated in the Disposition