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(영문) 창원지방법원 2015.12.24 2014가합35822

사해행위취소

Text

1.(a)

On March 18, 2014, it was concluded on each real estate listed in the separate sheet between the defendant and B.

Reasons

1. Basic facts

A. On January 12, 2011, the Plaintiff filed a claim for reimbursement against B with the Seoul Central District Court Decision 2010Da33793, the Plaintiff was sentenced to the judgment that “B shall jointly and severally pay to the Plaintiff KRW 152,783,131 as annual interest rate of 19% from December 16, 2009 to April 30, 201, and 20% as from May 1, 201 to the date of full payment” and the above judgment became final and conclusive on February 8, 2011.

B. On the other hand, on August 5, 2009, B concluded a mortgage agreement with the Defendant regarding the real estate stated in attached list No. 2, which provides the maximum debt amount of KRW 100,000,000 (hereinafter “mortgage No. 1”). On September 28, 2009, B concluded a mortgage agreement with the Defendant regarding the above real estate on September 28, 2009 by the Jinwon District Court, Jinhae District Court, on September 28, 2009, the registration of the establishment of the neighboring mortgage under No. 19745 (hereinafter “mortgage No. 1”).

C. Meanwhile, on December 7, 2009, the Plaintiff provisionally attached each real estate listed in the separate sheet (hereinafter “each real estate of this case”) with the claim amount of KRW 152,783,131, which is KRW 152,783,131.

(Resan District Court 2009Kadan22253). (c)

B on March 18, 2014, concluded a mortgage agreement with the Defendant as KRW 120,00,000 with respect to each of the instant real property (hereinafter “mortgage 2”). With respect to the real property described in paragraph (1) in the future of the Defendant, the Changwon District Court, the Changwon District Court, the Jinwon District Court, the Jinhae District Court, the registration office, and the registration office of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring mortgage”) under Article 6063 of the receipt on March 20, 2014, was completed on March 20, 2014.

A. The auction procedure was conducted on the property of the debtor jointly and severally liable under the above A. On July 28, 201, the Plaintiff was either KRW 1,948,512 in the auction procedure for the property C (F of the Changwon District Court).