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(영문) 부산지방법원 2018.10.24 2017나57875

사해행위취소등

Text

1. Revocation of the first instance judgment.

2. The defendant has jurisdiction over the real estate stated in the attached list to the plaintiff.

Reasons

1. Basic facts

A. B of the Plaintiff Intervenor’s Intervenor (hereinafter “ Intervenor”) requested F to offer the instant real estate as collateral in order to borrow money from the Intervenor. On April 7, 2014, the Plaintiff’s Intervenor completed the registration of creation of a collateral for the instant real estate with respect to the instant real estate as the Intervenor B, and the obligor B and the mortgagee, on August 21, 2014. In addition, the Intervenor borrowed KRW 15,000,000 as interest rate of KRW 50,000,000 from the Intervenor on December 31, 2014. The Intervenor requested payment order against B as Busan District Court Order 2016 tea157, Jan. 20, 2016.

3 Around January 11, 2016, the Intervenor filed an application for voluntary auction of the instant real estate based on the foregoing collateral security, and around January 15, 2016, B repaid KRW 50,000,000, which is the maximum debt amount of the said collateral security, with the funds raised by the Defendant, one’s own mother. The Intervenor withdrawn the application for voluntary auction and cancelled the registration of the establishment of the said collateral security.

On the other hand, upon the Intervenor’s request on January 15, 2016, B prepared a certificate to the effect that interest 17,000,000 won exceeds the maximum debt amount among the secured debt of the foregoing right to collateral security remains, and B provided a joint and several surety for the Intervenor’s debt 30,000,000,000, which was incurred by the F separately from the above debt.

B. On March 28, 2016, B entered into a gift agreement between the Defendant and B to donate the instant real estate to the Defendant (hereinafter “instant gift agreement”) and completed the registration of ownership transfer under the name of the Defendant on March 29, 2016.

C. At the time of entering into the instant gift agreement, B was in excess of obligations.

B's bankruptcy and lawsuit acceptance book B filed a petition for bankruptcy on November 18, 2016 and was declared bankrupt on June 7, 2017 by Busan District Court 2016Hadan2228, and the list of creditors is the list of creditors.