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1. As to real estate listed in the separate sheet:
A. It was concluded on October 23, 2013 between the defendant and the debtor A.
Reasons
1. Facts of recognition;
A. The rehabilitation debtor A (hereinafter “A”) is the spouse of the representative director C of the corporation B.
B. On October 23, 2013, A entered into a mortgage contract with the Defendant (hereinafter “instant collateral security contract”) by providing the Defendant with the real estate listed in the attached list (hereinafter “instant real estate”) as security of KRW 120 million, which was incurred until September 2013, to the Defendant of the Company B as the goods payment obligation amounting to KRW 120 million.
C. On October 23, 2013, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the instant collateral security”) consisting of the obligor Company B, under Article 129581, which was received on October 23, 2013, with respect to the instant real estate as the grounds for registration.
On the other hand, the real estate of this case, which was the only real estate owned by A, was established with the maximum debt amount of KRW 180 million at the time of the instant collateral agreement, and the right to collateral security (No. 9246, Jan. 28, 2008) of the Korea Housing Finance Corporation (No. 9246, Nov. 19, 2013), established with the debtor A, and the provisional attachment registration of the creditor's Credit Guarantee Fund was completed as of November 19, 2013 immediately after the instant collateral security agreement.
E. On June 10, 2014, regarding A, the decision to commence individual rehabilitation procedures was rendered by the Seoul Central District Court 2014 group 100018, and the Plaintiff became a custodian on the same day.
The creditors of the above rehabilitation case are reported by the Korea Housing Finance Corporation, the defendant, the Korea Credit Guarantee Fund, the Korea Exchange Bank, the new card company, the new bank, the new bank, the Korean National Bank, etc. as creditors.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 5, the purport of whole pleadings
2. Determination
A. The Plaintiff’s judgment on the cause of the claim is subject to the denial stipulated in Articles 584 and 391 of the Debtor Rehabilitation and Bankruptcy Act, because the instant collateral security agreement constitutes a fraudulent act detrimental to rehabilitation creditors.