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(영문) 대전지방법원서산지원 2020.08.19 2018가단3986
사해행위취소
Text

1. As to each real estate indicated in the separate sheet

A. On January 31, 2018, between Defendant B and D.

Reasons

1. The following facts can be acknowledged in full view of the statements in Gap evidence 2 to 5, Eul evidence Nos. 8 and 12, and the purport of the whole pleadings.

Attached Form

With respect to each real estate indicated in the indication of real estate (hereinafter “instant real estate”), ① ownership transfer registration in the name of the Plaintiff on May 2, 2012, ② the registration of the establishment of a neighboring mortgage (the maximum bond amount of KRW 72,00,000,000) in the Industrial Bank of Korea on December 12, 2012, ③ the registration of the transfer of ownership in the name of D on May 7, 2013, ④ the registration of the establishment of a neighboring mortgage (the contract concluded as of January 31, 2018, maximum debt amount of KRW 30,000,000, the debtor D), and Defendant C’s creation of a neighboring mortgage (the contract concluded as of January 31, 2018, maximum debt amount of KRW 20,000,000, the debtor D) in the future of the Defendant C, respectively.

(B) The instant contract to establish a mortgage between D and the Defendants on January 31, 2018 (hereinafter “instant contract to establish a mortgage”).

On the other hand, D, a representative director of the Plaintiff, embezzled total of KRW 112,300,000 from the Plaintiff’s deposit account to the D’s account account on March 13, 2017, prior to the date of the instant mortgage contract.

C. When the Plaintiff came to know of D’s embezzlement, in order to refund D’s unrepaid embezzlement amounting to KRW 106,950,000, out of the aforementioned embezzlement amount, the Plaintiff was subject to a claim for the aforementioned unrepaid embezzlement amount. On May 3, 2018, the Daejeon District Court rendered a provisional attachment order No. 2018Kadan3169, May 3, 2018.

D In addition, D is above b.

On February 5, 2020, a suspended sentence of 2 years was sentenced to 10 months of imprisonment (Sasan Branch of Daejeon District Court 2018Kadan719), but an appeal (Sasan Branch of Daejeon District Court 2020No512) was filed.

In addition, on June 10, 2020, the Plaintiff filed a lawsuit claiming the return of the unrepaid embezzlement amount against D (SOB Branch of the Daejeon District Court Decision 2018Kadan5074 (Return of the embezzlement amount) and rendered a judgment on June 10, 2020 that “D shall pay the Plaintiff KRW 106,950,000 and its delay damages.”

E. Meanwhile, on the other hand.

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