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(영문) 춘천지방법원강릉지원 2015.10.20 2014가단1221
사해행위취소
Text

1. It was concluded on June 10, 2013 between the Defendant and C regarding the real estate indicated in the indication of attached real estate.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) C is a real estate indicated in attached Form D’s attached real estate (hereinafter “instant real estate”) from November 5, 2010, as indicated in the real estate owned by C.

(2) On November 9, 2010, C purchased a mortgage contract that sets forth a maximum debt amount of KRW 43,000,000 with respect to the instant real estate (hereinafter “related mortgage contract”) and completed the registration of establishment of a neighboring mortgage (hereinafter “related establishment of a mortgage”) with respect to the instant real estate by the Korea Saemaul Depository and the Korea Saemaul Bank on November 9, 2010. On November 10, 2010, C concluded a mortgage contract that sets forth a maximum debt amount of KRW 43,00,000 with respect to the instant real estate. On November 10, 2010, C completed the registration of establishment of a neighboring mortgage (hereinafter “related establishment of a mortgage”).

3) On November 19, 2010, C entered into a mortgage agreement with the Do Saemaul Savings Depository, which sets forth a maximum debt amount of KRW 6,500,00 with respect to the instant real estate, and completed the registration of creation of a neighboring mortgage on the instant real estate as of November 22, 2010, the Plaintiff was reimbursed KRW 122,30,000 in total five times from July 16, 2012 to November 13, 2012. The Plaintiff was reimbursed KRW 101,611,000 in total from June 1, 2012 to August 27, 2013.

5) On June 10, 2013, C determined the maximum debt amount as KRW 92,00,00 with respect to the instant real estate, which is the only property with the Defendant, under a status exceeding the obligation, as of June 10, 2013 (hereinafter “instant mortgage contract”).

(C) The registration of the establishment of the instant real estate (hereinafter “registration of the establishment of the instant real estate”) was concluded on June 10, 2013 by the same registry office, which was received on June 10, 2013.

(6) Around September 10, 2013, C terminated the relevant contract for the establishment of a neighboring community mortgage after repayment of the loan obligation of KRW 39,470,000 to the Do Saemaul Savings Depository. The Do Saemaul Savings Depository, which was received on September 10, 2013 by the same registry office, completed the registration procedure for cancellation of the registration of the establishment of a neighboring community mortgage relating to the instant real estate.

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