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(영문) 전주지방법원 정읍지원 2017.02.02 2015가단1442
사해행위취소
Text

1. It was concluded on July 4, 2014 between the Defendant and B as to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee and subrogation 1) The Plaintiff is a high-gun Gun fisheries cooperative of this case (hereinafter “high-gun Gun cooperative”) for 16 times from December 15, 2004 to September 23, 2013.

2) On November 6, 2014, the Plaintiff obtained a provisional attachment order on real estate owned by B on November 6, 2014, and repaid KRW 377,891,626 in lieu of B on January 28, 2015.

3) On March 4, 2015, the Plaintiff applied for a payment order against B to request the payment of the amount of reimbursement for the repayment of the subrogated loan, which became final and conclusive on March 4, 2015. (b) On April 12, 2012, the Defendant lent B the amount of KRW 30,000,000 on June 1, 2012, KRW 10,000 on June 1, 2012, KRW 30,000 on August 30, 200,000 on August 3, 2012, and KRW 80,000,000 on August 16, 2012, KRW 150,000 on total.

2) On August 16, 2012, B entered into a notarial deed containing the fact that the Defendant would have repaid the said KRW 150,000,000 to August 16, 2013. B (iii) On July 4, 2014, B entered into a mortgage contract with the Defendant with regard to each of the real estate listed in the separate sheet owned by B (hereinafter “each of the instant real estate”). On the same day, B concluded a mortgage contract (hereinafter “instant mortgage contract”) with regard to each of the instant real estate at KRW 180,000 with regard to the mortgagee, B, the debtor, the maximum debt amount, and KRW 180,000,000 with respect to each of the instant real property, and on the same day, the previous Jeju District Court, Gowon-si Registry of Registry on July 4, 2014, the registration of the establishment of a mortgage (hereinafter “the establishment of a mortgage”).

C. The details and value of the small-sized property B and active property at the time of establishing the mortgage of this case related to the property B are as listed below, respectively.

[negative] The object is to determine whether the debtor's insolvency, which is the requirement to exercise the plaintiff's creditor's creditor's creditor's right to revoke the creditor's debt (unit of won).

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