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(영문) 창원지방법원통영지원 2017.05.16 2016가단23600
사해행위취소
Text

1. The contract to establish a right to collateral security regarding each real estate recorded in the separate sheet No. 1, which was concluded on September 22, 2015 between the Defendant and C.

Reasons

1. Basic facts

A. On October 5, 2015, the Plaintiff entered into mediation between D and C, the Busan District Court 2014Na18244 Decided October 5, 2015, the following mediation was concluded between D and C:

(hereinafter referred to as “Defendants” in the following conciliation provisions means D and C. A statutory provision

1. The Defendants jointly and severally pay KRW 130 million to the Plaintiff by October 31, 2015. If the Defendants delay the aforementioned payment, the Defendants shall pay damages for delay calculated at the rate of 20% per annum from November 1, 2015 to the date of full payment.

2. The plaintiff waives the remaining claims, and the plaintiff and the defendants do not raise any civil or criminal objection with respect to the subsequent case.

3. The total costs and expenses for conciliation shall be borne by each person.

B. A decision not to grant immunity to C filed an application for immunity with the Ulsan District Court 2016Hun-Ma98 by asserting that it had reached the status of insolvency from the end of 2002, but it constitutes a cause not to grant immunity under Article 564(1)1 and 3 of the Debtor Rehabilitation and Bankruptcy Act, and a decision not to grant immunity was rendered on the ground that it is not reasonable to grant immunity under Article 564(2) of the same Act.

On the other hand, on April 11, 2016, the Ulsan District Court 2016Hadan98 was declared bankrupt against 10:0 C on April 11, 2016.

C. On September 22, 2015, the establishment C of the right to collateral security under the name of the Defendant entered into a mortgage agreement with the Defendant regarding each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) (hereinafter “instant mortgage agreement”) and completed the registration of the establishment of the right to collateral security against the Defendant, which was the maximum debt amount of KRW 100,000,000, the debtor C and the mortgagee as the Defendant.

On January 11, 2016, upon a motion of the defendant in the course of the voluntary auction procedure, the decision to commence the voluntary auction of each of the instant real estate was rendered (Chowon Branch E), and on September 1, 2016, the decision to permit the sale of each of the real estate listed in [Attachment 1] Nos. 3 through 9 was rendered.

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