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(영문) 부산지방법원 동부지원 2021.01.14 2019가단210644

사해행위취소

Text

Attached Form

List

2. With respect to real property:

A. The contract to establish a right to collateral security concluded on July 12, 2018 between C and Defendant B.

Reasons

1. Basic facts

A. On October 7, 2011, the Plaintiff concluded a credit guarantee agreement with C and issued a credit guarantee certificate as follows.

A creditor bank with the due date of guarantee on the remainder of the guarantee number guaranteed by the creditor bank on October 7, 201: F80,000,000 on September 27, 2019

B. C received a loan from G bank on the basis of the Plaintiff’s guarantee, and on November 1, 2018, an accident of guarantee due to the failure to perform current account transactions occurred. On April 2, 2019, the Plaintiff subrogated to repay the loan amount of KRW 81,960,767 ( KRW 80,000,000) ( KRW 1,960,000,000) on April 2, 2019 upon the Plaintiff’s claim for the performance of the guaranteed obligation.

(c)

C A A list in attached Form between Defendant A Co., Ltd. on October 1, 2018

1. As to the instant real estate recorded, a contract to establish a mortgage was concluded, and the registration of establishment of a mortgage was completed on October 1, 2018 with the Busan District Court’s Branch Branch No. 52540, Oct. 1, 2018; and on July 12, 2018, a list between Defendant B and Defendant B.

2. On October 31, 2018, the Plaintiff entered into a contract to establish the right to collateral security with respect to the instant real estate, and completed the registration of establishment of the right to collateral security under the receipt of the North Korean registry office from the Busan District Court Branch of the Seosan Branch of the District Court on October 31, 2018.

(d)

Attached Form

List

1. A list of real estate recorded in Busan District Court E-ro and annexed Form;

2. As to the recorded real estate, each auction procedure has been conducted in Busan District Court Seo branch D, and Defendant A Co., Ltd. has a right to claim a dividend payment of KRW 101,079,043, and Defendant B has a right to claim a dividend payment of KRW 120,000.

E. At the time of establishing each of the Defendants’ respective right to collateral security, C had the following properties:

List of the marked value of active property (Evidence Materials)

1. A list of the evidence No. 12-1 (Evaluation Evaluation Statement) of real estate 32,00,000 won;

2. Real estate 500,000, Gap evidence 12-2 (Evaluation Evaluation Statement) (H) No. 14,100,000 won A, car No. 14 (Registration Register of Construction Machinery) No. 10,110,00 won (hereinafter referred to as the "Registration Register") No. 15-1 (I), 10,000 won, and 9,900,000 won A.