beta
(영문) 의정부지방법원 2019.07.11 2018나209660

사해행위취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Plaintiff’s claim formation 1) On October 28, 2009, the Plaintiff filed a lawsuit against D with D seeking payment of a loan amounting to KRW 15 million, but lost its interest due to the unredeemed interest, etc. Accordingly, on May 13, 2014, the Plaintiff rendered a judgment that “D shall pay to the Plaintiff the amount calculated at the rate of KRW 15,718,362 per annum from December 19, 2013 to the date of full payment (17.96%) with respect to KRW 15,000,000 and KRW 15,000,000 per annum from December 19, 2013 to the date of full payment (Seoul Central District Court 2013Da10837132), and the Plaintiff’s loan principal and interest on D calculated pursuant thereto are KRW 34,474,717, May 27, 2016.

B. D’s disposal act, etc. 1) F is each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(2) On October 14, 201, the owner of each of the instant real estate completed the registration of creation of a neighboring mortgage in the name of Q Cooperatives F, the maximum debt amount of KRW 210 million, and the debtor under the name of Q Cooperatives C, the maximum debt amount of KRW 165 million, respectively. (2) D was voluntarily decided to commence the commencement of voluntary auction on each of the instant real estate by means of the Cheongju District Court Youngju District Court Young-dong Branch R on December 14, 201, which was based on the said right to collateral security. However, on May 10, 2012, D voluntarily decided to commence the auction on each of the instant real estate.

(3) After September 28, 2012, the registration of creation of a mortgage over each of the instant real estate was cancelled on the grounds of each termination. As to each of the instant real estate, the registration of creation of a mortgage under the name of G Cooperatives C, the obligor under the name of G Cooperatives, the maximum debt amount of KRW 290 million, and the obligor C, the obligor under the name of D, the maximum debt amount of KRW 130 million, and the registration of creation of a mortgage over each of the instant real estate (hereinafter referred to as the “mortgage”).

D The registration of the establishment of the above near the name of D is established to secure C's obligations of promissory notes amounting to KRW 130 million at the face value of C's D.

(4) On June 10, 2013, the G Association was completed respectively. (4) The Cheongju District Court, Young-dong Branch S, with respect to each of the instant real estate in this case.