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(영문) 광주지방법원 2018.10.05 2017가합55003

사해행위취소

Text

1.(a)

Defendant Pampco Co., Ltd and Nonparty Incorporated Co., Ltd. on December 3, 2015.

Reasons

1. Under the underlying facts, there is no dispute between the Plaintiff and Defendant Pampco Co., Ltd. (hereinafter “Defendant Pampco”), and between the Plaintiff and Defendant Pampco, Ltd. (hereinafter “Defendant Popco”), it is deemed that Defendant Popco, pursuant to Article 150 of the Civil Procedure Act, led to the confession.

A. The Plaintiff’s claim 1) On October 23, 2015, the Plaintiff’s piracy Co., Ltd. Co., Ltd. (hereinafter “the Plaintiff”)

2) On October 14, 2016, the Plaintiff paid KRW 917,369,547 on behalf of the Nonghyup Bank, and collected KRW 4,638,050, out of KRW 449,706, when the amount of security deposit was paid in KRW 270,00,00 and KRW 630,00,00 respectively.

B. On December 3, 2015, each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) owned by Defendant Pampco on December 3, 2015.

(2) On June 3, 2016, the lower court concluded a mortgage agreement with Defendant Pampco as to each of the instant real estate at KRW 600,000,000, and concluded a mortgage agreement with Defendant Pampco as to each of the instant real estate at KRW 350,000,000, and concluded a mortgage agreement with Defendant Pubco as to each of the instant real estate at KRW 350,000,000 with the maximum debt amount, and completed the mortgage registration as described in Section 2(b) on June 7, 2016.

3. At the time of each of the above contracts to establish a mortgage, the fraudulent property was in excess of the obligation exceeding the active property, and each of the above contracts to establish a mortgage.