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(영문) 대구지방법원 2017.07.06 2015가합204612

사해행위취소

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Plaintiff

In addition, the plaintiff succeeding intervenor against the defendant B, the Pampco Co., Ltd., and the Shhopco Co., Ltd.

Reasons

Basic Facts

around February 7, 2012, Defendant A, who had operated a farm, sold to C land D, E, and F (the land F in Young City was partially divided into G and H on November 19, 2012) for a permanent residence of KRW 5,30,00,000,000, excluding the down payment of KRW 20,000,000 at the time, agreed with C to be paid at the time of new construction and sale of each building listed in attached Table 1 (hereinafter “the loan of this case”) in the name of Defendant A (hereinafter “the loan of this case”), and agreed to provide C with all necessary documents, etc. until completion of the loan of this case.

Since then, Defendant A received a request from the Plaintiff and Taesan Credit Union (hereinafter “Seosan Credit Union”) to cooperate in obtaining a loan of KRW 1 billion in the cost of new loan by means of land security and weather loan from the Plaintiff and Taesan Credit Union (hereinafter “Seosan Credit Union”), which had been conducting the construction of Bara with C and C, and accepted such request and visited the Plaintiff on November 28, 201 and November 29, 2012 with C, respectively.

On November 28, 2012, Defendant A created a right to collateral security (hereinafter “instant land”) with each maximum debt amount of KRW 6,50,000 on a permanent resident D and F land (hereinafter “instant land”) remaining in the name of the Defendant, in order to secure the said loan’s obligation, and created and issued a written agreement to collateral security (the date of the contract and the object indicated) additionally, in a sense that Defendant A created a first-class collateral security (the object indicated) with respect to the instant loan to be newly constructed on the instant land.

In addition, Defendant A’s loan of KRW 500 million from the Taesan National University on November 29, 2012, with the maximum debt amount of KRW 650,000,000 for each permanent G and H land remaining in Defendant A’s name.