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(영문) 서울중앙지방법원 2017.03.30 2016가합2968
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around July 2013, the Defendant entered into a credit transaction agreement with a limited amount of 665,000,000 won with Company B (hereinafter “Nonindicted Company”) and extended a total of 665,000,000 won to Nonparty Company for three times from around that time to January 3, 2014.

B. On July 17, 2013, the Defendant entered into a mortgage agreement with the non-party company on three lots, including the ownership interest of the non-party company, the C & 1,483 square meters of land and three buildings where the factory site and the building were located (hereinafter “instant factory site and building”), with the debt of the above loan as the secured debt, and concluded a mortgage agreement with the defendant under the name of the maximum debt amounting to 798,00,000, and completed the registration of the establishment of the neighboring factory under the receipt of No. 27299 on July 17, 2013, pursuant to Article 6 of the Factory and Mining Foundation Mortgage Act (hereinafter “factory mortgage agreement”). As to the machinery and equipment of the above factory building, the list (Article 2013-167, hereinafter “factory mortgage list”).

C. On March 14, 2014, the Plaintiff drafted a notarial deed of a loan for consumption of collateral security with a content that a notary public lends 454,542,200 won to a non-party company, as the document No. 295 signed on March 14, 2014, the Plaintiff’s lending of 454,542,200 won to the non-party company, the object of the loan for consumption, and that the object of each of the instant movable property is the object of transfer.

On the other hand, on April 11, 2014, the Defendant entered into an additional mortgage agreement (hereinafter “instant additional mortgage agreement”) that provides each of the instant movables listed in the separate sheet (hereinafter “each of the instant movables”) as collateral for the said loans with the Nonparty Company as collateral for the said loans, and added each of the instant movables to the factory mortgage agreement on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3 and 13 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the claim for revocation of fraudulent act

A. The plaintiff's assertion is a notarial deed against the non-party company.

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