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(영문) 대구지방법원 2014.02.07 2012가단56280
사해행위취소 등
Text

1. It was concluded on May 21, 2012 between the Defendant and Nonparty C regarding the real estate stated in the separate sheet.

Reasons

1. Basic facts

A. On February 15, 2012, C drafted and issued to the Plaintiff a notarized deed of debt repayment contract No. 139 of the 2012 Office of Sung-dong, Sung-dong (hereinafter “notarial deed of this case”) with the content that the Plaintiff would pay a debt of KRW 650 million incurred on June 10, 201, by June 10, 201.

B. On May 21, 2012, C entered into a mortgage agreement with the Defendant as to the real estate listed in the separate sheet owned by oneself (hereinafter “instant apartment”) and F apartment 101 and 103 (hereinafter “F apartment 103”) located in Daegu Suwon-gu E (hereinafter “instant apartment”) and the real estate at issue in this case, and entered into a mortgage agreement with the Defendant as to the 101 Dong 406 and 102 Dong 201 (hereinafter “instant mortgage agreement”). On May 21, 2012, C completed the registration of establishment of a mortgage with the Defendant as the Daegu District Court No. 24343, May 21, 2012.

C. On April 3, 2012, at the request of G, which was commenced on April 3, 2012, with respect to the instant apartment, the Daegu District Court: (a) opened a date of distribution on November 5, 2012; and (b) drafted a distribution schedule with the content that the execution court distributes to G the amount of KRW 182,547,945 won; (c) the amount of KRW 31,857,380 to G; and (d) the amount of KRW 103,017,251 to the Defendant, who is the second mortgagee, who is the second mortgagee.

On the other hand, on October 24, 2012, the above court rendered a provisional disposition prohibiting the provisional disposition of 2012Kadan8928 on the Defendant’s dividend payment claim, and on October 31, 2012, the above court rendered a provisional disposition prohibiting the provisional disposition of 2012Kadan8981, respectively.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, Gap 5-1, 4, 5, and 6-1, 5-6 evidence, the purport of the whole pleadings, and significant facts in this court

A. According to the facts of recognition 1 as above, the Plaintiff’s loan claim amounting to KRW 650 million against C is not yet due at the time of entering into the mortgage contract of this case, but is already established prior to the due date.

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