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(영문) 인천지방법원부천지원 2016.12.21 2014가단22118

사해행위취소

Text

1. Attached Form;

1. As to each real estate listed in the list:

A. On May 13, 2013 between B and Defendant A.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “Nonindicted Company”) borrowed KRW 100 million from the Nonghyup Bank under the Plaintiff’s credit guarantee around February 2005, and B, upon the performance of the Plaintiff’s guaranteed obligation, jointly and severally guaranteed the Nonparty Company’s indemnity liability against the Plaintiff.

B. Around June 14, 2013, a credit guarantee accident occurred due to the default of national taxes by a non-party company. Accordingly, the Plaintiff repaid KRW 65,58,181 to the Nonghyup Bank as the repayment of guaranteed debts on October 16, 2013.

C. B on May 13, 2013, immediately before the occurrence of a credit accident of the non-party company B

1. As to each real estate indicated in the list, the establishment of the right to collateral security specified in paragraph (1) of the Disposition No. 200,000 won of the maximum debt amount shall be given to Defendant A, and the attached Form shall be

2. As to each of the real properties indicated in the list, the Defendant Seoul Green Industry Co., Ltd. (hereinafter “Defendant Co., Ltd”) created a collateral security on the ground of the maximum debt amount of KRW 260,000,000,000.

B was in excess of the obligation at the time of the establishment of the right to collateral security.

【Ground for Recognition】 Article 150 of the Civil Procedure Act / [Attachment A], the fact that there is no dispute, Gap 1-11 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings [the between the plaintiff and the defendant company]

2. Determination

A. According to the above facts, in the event that B is imminent to assume the liability for reimbursement against the Plaintiff, the act of offering one’s own real estate as security to the Defendants shall be revoked as a fraudulent act detrimental to creditors including the Plaintiff, etc., barring any special circumstance. The Defendants are obliged to implement the registration procedure for cancellation of the registration of the establishment of a neighboring mortgage in the name of the Defendants to

B. As to this, the Defendant Company did not know that it actually lent money to B, received the establishment of the right to collateral security on the real estate owned by B as collateral, and caused the creation of such right to collateral security to the creditor of B including the Plaintiff, etc.