beta
(영문) 광주지방법원순천지원 2014.12.23 2014가단71877

사해행위취소

Text

1. With respect to B 1189 square meters in 1,000 square meters in net city:

A. The contract to establish a mortgage concluded on September 11, 2013 between the Defendant and C is 70.

Reasons

1. Basic facts

A. (1) On March 21, 2011, the Plaintiff entered into a credit guarantee agreement with E Co., Ltd. (hereinafter “E”) with a maximum amount of KRW 1,00,000,000, and the F, C, G, and H jointly and severally guaranteed the said debt E.

(2) On September 25, 2013, E caused a credit guarantee accident on the grounds of F’s current fault, the representative director, and the Plaintiff subrogated to the National Bank on October 31, 2013 for the principal and interest of the loan to E and KRW 988,228,356.

(3) On March 7, 2014, the Plaintiff filed a lawsuit for reimbursement claim with Seoul Western District Court 2014Kadan208166, and E, C, etc. jointly and severally filed a lawsuit demanding that the Plaintiff pay damages for delay of KRW 986,828,60 [28,356 - the amount of subrogated payment of KRW 988,228,356 - the amount of collected KRW 2,949,90, KRW 969, KRW 1,549,270] and the amount of KRW 985,278,366 among them.

B. (1) On September 11, 2013, C entered into a mortgage agreement with the Defendant, the maximum debt amount of KRW 70,000,000, and C and a mortgagee A with respect to the pertinent real estate (hereinafter “instant real estate”) as to the establishment of a right to collateral security (hereinafter “instant real estate”). On the same day, Gwangju District Court completed the registration of the establishment of a right to collateral security (No. 42056) with respect to the pertinent real estate (hereinafter “instant real estate”).

(2) C was in excess of the obligation at the time of the establishment of the above collateral security.

(3) On September 10, 2013, the Defendant, as a manager of E on September 10, 2013, purchased J apartment 108 Dong 203 from G wife, a joint guarantor of the said credit guarantee agreement, and completed the registration of ownership transfer on September 17, 2013.

C. (1) On April 16, 2014, the Plaintiff was subject to a provisional disposition prohibiting the Defendant’s disposal of the claim regarding KRW 70,000,00 of the Defendant’s dividends payment claim against the Republic of Korea in the instant court D real estate auction procedure commenced with respect to the instant real estate, etc. by this court’s order as to April 16, 2014. The said provisional disposition decision was served on the Republic of Korea on April 21, 2014.

(2) On June 17, 2014, at the above auction procedure, a distribution schedule was prepared to distribute KRW 70,000,000 to the Defendant.

[Reasons for Recognition] Unsatisfy, A 1.