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(영문) 서울북부지방법원 2016.08.18 2015가합20869
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on February 29, 2012 between D and Defendant A concerning the real estate stated in the attached list.

Reasons

1. Basic facts

A. (1) The Bank of Korea (hereinafter “Korea Bank”), Inc., Ltd. (hereinafter “Korea Bank,”) extended a loan of KRW 1.4 billion on October 17, 2007, KRW 50 million on January 11, 2008, KRW 35 million on June 5, 2008, KRW 30 billion on March 30, 2009, KRW 249 billion on November 29, 201, and KRW 16.6 million on September 29, 201, respectively, to E Co., Ltd. (hereinafter “Nonindicted Company”), and D jointly and severally guaranteed the above loan obligations against Korea Bank of Korea.

(2) On October 23, 2012, the principal and interest obligation of Non-Party Company to Korea Bank is KRW 1,961,527,710.

(3) On December 28, 2012, our bank transferred the above loan claims against the non-party company to Korea on December 28, 2012 to the 19th securitization specialized company, and on April 28, 2014, Korea transferred the above loan claims to the Plaintiff on April 28, 2014.

B. On February 29, 2012 with regard to the real estate indicated in the separate sheet (hereinafter “instant real estate”), D entered into a mortgage agreement with Defendant A with a maximum debt amount of KRW 200 million (hereinafter “mortgage agreement”). On March 2, 2012, Defendant A completed the establishment registration of a mortgage with a maximum debt amount of KRW 200 million.

C. On September 3, 2009, the instant real estate had been registered as a creation of a mortgage over the maximum debt amount of KRW 195,00,000 on the title of the Jeonbuk Bank Co., Ltd. and KRW 91,000,000 on September 28, 2009 (hereinafter “priority mortgage”). The Jeonbuk Bank applied for a voluntary auction on the instant real estate to the Jeonju District Court Military Branch Support Fund on the basis of the foregoing priority mortgage, and the said court rendered a voluntary decision to commence the auction on September 11, 2012.

On November 28, 2012, D entered into a sales contract with Defendant B and C to sell the instant real estate in KRW 270,000,000 (hereinafter “instant sales contract”), and on the same day, 1/2 of the shares owned by Defendant B and C respectively.

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