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(영문) 부산지방법원동부지원 2016.04.21 2015가단200250

사해행위취소

Text

1. The plaintiff's main claim is dismissed.

2. A. Each real estate listed in the separate sheet between the Defendant and Nonparty B.

Reasons

1. Basic facts

A. On June 19, 2007, the Industrial Bank of Korea loaned KRW 430,000,000 to Nonparty B (the annual interest rate of KRW 13%; hereinafter “the instant loan”). On June 25, 2007, the Industrial Bank of Korea set up a collateral security right of KRW 516,00,000 against the maximum debt amount with respect to the 2 Dong-dong (hereinafter “non-real estate”).

B. On June 26, 2012, the Industrial Bank of Korea transferred the claim for the loans of this case to the Plaintiff on December 5, 2014, with respect to a limited liability company specializing in Es.S. Third Asset Securitization.

C. B did not pay the principal and interest of the instant case from November 18, 2011, and the Industrial Bank of Korea applied for a voluntary auction based on the foregoing right to collateral security and started voluntary auction as D with Changwon District Court Soon on January 20, 2012.

From the date of sale of the voluntary auction procedure for separate real estate, the bid has been continued five times, and on December 28, 2012, the separate real estate was sold in KRW 481,200,00, and on February 25, 2013, KRW 471,636,642, out of the proceeds from sale, was distributed to the United Nations Escopic Co., Ltd., the creditor of the instant loan.

As of February 25, 2013, the dividend is appropriated to the principal and interest of this case, the loan of this case remains at 36,385,367 won as principal and interest in arrears.

E. On the other hand, on November 15, 2012, B: (a) drafted a certificate of loan with the purport of borrowing KRW 70,000,000 from the Defendant (hereinafter “the instant certificate of loan”); (b) concluded a contract to establish a collateral security agreement with the intent of setting up a maximum debt amount of KRW 84,00,000 for each of the real estate listed in the separate sheet (hereinafter “instant real estate”) as the secured obligation; and (c) completed the registration of establishment of a collateral on the same day.

[Grounds for Recognition] Unsatisfy, Gap evidence 1 to 15, and Eul evidence 1 to 5.