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(영문) 대전지방법원공주지원 2019.09.05 2018가단22724
사해행위취소
Text

1. It was concluded on September 29, 2017 with respect to each real estate listed in the separate sheet between the Defendant and Nonparty D.

Reasons

1. Basic facts

A. On September 7, 2016, F Co., Ltd. (hereinafter “F”) lent KRW 17 million to Nonparty D at a redemption period of 39 months, agreed interest rate of 18.1%, and delayed interest rate of 27.1%. D from September 2017, in arrears, lost its interest on October 10, 2017.

B. On September 29, 2017, D entered into a mortgage agreement (hereinafter “mortgage agreement”) with the Defendant on each real estate (hereinafter “the instant real estate”) indicated in the separate sheet, his/her own possession as a director, and completed on October 10, 2017 the establishment registration of a mortgage over KRW 100 million with the Defendant on each of the real estate (hereinafter “the instant real estate”).

C. On October 18, 2017, F completed the provisional attachment registration of KRW 14,827,421 with respect to the instant real estate by using the claim for the principal and interest of the loan as the preserved bond, and around March 20, 2018, F transferred the said loan principal and interest to the Plaintiff and notified D of the transfer of the claim on March 22, 2018.

On December 20, 2018, the Daejeon District Court rendered a distribution schedule with the content that, on the date of distribution of the E real estate auction case regarding the instant real estate, the amount of KRW 22,518,098 was distributed to the Defendant, who is a mortgagee, and that the Plaintiff did not distribute the amount to the Plaintiff, who is a person holding a provisional seizure. The Plaintiff appeared on the said date of distribution, and raised an objection against the total amount of

E. The Plaintiff’s claim amount against D is KRW 19,370,112 as of December 11, 2018 (i.e., the principal amount of KRW 14,362,407, and damages for delay before acquiring the principal amount of KRW 1,957,917, and interest and damages for delay after acquiring the transfer of KRW 3,049,788).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 9 (2018dada 22724), Gap evidence 1 through 4 (2018dada 22816) and the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the secured claim, the Plaintiff holds the principal and interest of the loan against D, and the above claim is prior to the conclusion of the contract to establish the mortgage of this case.

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