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1. As to the real estate stated in the attached list to the Plaintiff, the Defendant received No. 21499 on February 4, 2016 from the Gwangju District Court.
Reasons
1. Facts of recognition;
A. On April 17, 2015, A, who had operated the manufacturing business with the trade name of “D,” completed the registration of creation of a mortgage on the real estate indicated on its owner’s order (hereinafter “instant real estate”) with respect to Hyundai D Life Insurance Co., Ltd. (hereinafter “Moman Life Insurance”), the maximum debt amount of KRW 168,00,000,000, and the debtor himself/herself.
B. On December 13, 2015, A bears a number of obligations, such as 1/2 shares out of the instant real estate and the market price of KRW 20,900,000,000, and 3,694,243 (i.e., 3,321,013, 373,230) deposit claims (Account Number: F, and 295,000,000 for the Industrial Bank of Korea, and 140,000,000 for Hyundai Fran Life Insurance, which is the collateral obligation of the said collateral security.
C. On December 13, 2015, A sold the instant real estate in KRW 180,00,000 to the Defendant, who is a pro-friendly husband G, and accordingly completed the registration of transfer of ownership as indicated in the order on February 4, 2016, A paid KRW 68,303,590 to the Industrial Bank of Korea on July 4, 201, with the maturity of KRW 40,000, after receiving payment of KRW 40,000 from the Defendant on February 15, 2016.
On January 18, 2017, the Gwangju District Court (2016Hadan2216, 2016, 2216) declared bankruptcy against A and appointed the plaintiff-appellant as the trustee in bankruptcy.
【Ground of recognition】 In the absence of dispute, Gap 3, 6-2, 9-1 to 9-3, 10-1, 10-3, 10-5, 10-6, 10-8 to 10-10, 11-2 to 14-2, Eul 1-2, and 2, and the purport of the entire pleadings, the fact-finding results for the Mine District of Gwangju Metropolitan City
2. The assertion and judgment
A. According to the above findings of the determination on the cause of the claim, A, while knowing that it would prejudice bankruptcy creditors including the Industrial Bank of Korea in excess of obligations, has reduced the bankruptcy estate by departing from the bankruptcy estate, and only KRW 40,000,000 out of the purchase price of KRW 180,000 shall be paid to the defendant.