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(영문) 대전지방법원논산지원 2015.04.09 2014가단2542
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on July 9, 2013 between the Defendant and B regarding each real estate listed in the separate sheet.

Reasons

Basic Facts

On August 24, 199, the Plaintiff entered into a credit guarantee agreement with B on the financial exclusive business loan for the purpose of the livestock fund, and B borrowed 40 million won from the livestock cooperative under the credit guarantee of the Plaintiff on September 1, 1999.

B was unable to pay the principal and interest of the loan until 2003. On October 17, 2003, the granted livestock cooperative requested the Plaintiff to pay the principal and interest of the loan of KRW 44,901,948 up to that time, and the Plaintiff repaid the above amount of the loan to the designated livestock cooperative on the same day.

On July 9, 2013, B borrowed KRW 10 million from the Defendant on the same day, B concluded a mortgage agreement with the Defendant on each of the real estates listed in the separate sheet (hereinafter “instant real estate”) as collateral for the foregoing loan obligation (hereinafter “instant real estate”). On the same day, B concluded a mortgage agreement with the Defendant on each of the instant real estate as stated in the separate sheet (hereinafter “instant mortgage agreement”). On the same day, B completed the registration of creation of a mortgage on each of the instant real estate in the future of the Defendant’s maximum debt amount of KRW 15 million.

(1) At the time of the instant mortgage contract, B’s active property at the time of the instant mortgage contract is as follows: [Attachment] 30,000 square meters in size, 12,000 square meters in size, 30,000 square meters in size, 40,000 won in size, 2, 36,000 won in size, 60,000 won in size, 60,000 won in size, 469 square meters in size, 20,000 in size, 70,000 in size, 70,000 won in size, 60,000 won in size, 469 square meters in size, 7,000 won in size, 20,000 won in size, 70,000 won in size, 60,000 won in size in size, 68,000 won in size in size, 469,036,000 in [Attachment]

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