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(영문) 전주지방법원 정읍지원 2018.11.27 2017가단12279

사해행위취소

Text

1. The contract to establish a right to collateral security concluded on May 31, 2017 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

Basic Facts

On February 25, 2014, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with B during the period from February 25, 2014 to February 24, 2015 (which thereafter extends to February 23, 2018).

B submitted a credit guarantee statement issued under the instant credit guarantee contract to KEB, but did not pay interest on the loan, and the credit guarantee accident occurred on June 1, 2017. On August 25, 2017, the Plaintiff paid 85,000,000 won and interest on the loan at the former central branch of the bank, but on August 25, 2017, the Plaintiff subrogated 86,294,418 won in total at the former central branch of the bank.

In order to preserve the claim for indemnity due to the above subrogation, the Plaintiff filed an application for provisional attachment on the real estate listed in the attached list No. B owned by the Jeonju District Court, 2017Kadan2110, and received a decision of provisional attachment from the above court on June 12, 2017.

The Plaintiff spent KRW 96,925 at the above expense for the execution of the bond preservation.

Attached Form

On May 31, 2017, B established a mortgage on real estate recorded in the list. On June 2, 2017, B completed the registration of establishment of a mortgage (hereinafter referred to as the “registration of establishment of a mortgage”) with respect to real estate recorded in the attached list as the basis of a mortgage agreement (hereinafter “mortgage agreement”) to the Defendant on May 31, 2017, by the Jeonju District Court No. 16363, Jun. 2, 2017.

B was more than active property at the time of the instant mortgage contract, and the real estate listed in the attached list was the only real estate owned by B.

Attached Form

On July 21, 2017, the Auction Bank Co., Ltd., on real estate listed in the list, filed an application for voluntary auction with the Jeonju District Court C for the real estate listed in the attached list as a mortgagee, and accordingly, applied for the above real estate.