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1. The Defendant received on August 3, 2016 from the registration office of the Incheon District Court with respect to the real estate stated in the attached list to the Plaintiff.
Reasons
1. Facts of recognition;
A. From July 24, 2014 to September 15, 2014, A filed a petition for bankruptcy with the Incheon District Court No. 2016Ha5265, Oct. 27, 2016, as a person who served as the representative director of the C Stock Company (hereinafter “C”) (hereinafter “C”).
B. On January 20, 2017, the said court appointed the Plaintiff as a trustee in bankruptcy while declared bankrupt against A.
C. C was under continuous transaction with the Defendant. On August 2, 2016, A prepared a letter of commitment to discharge the obligation (Evidence No. 2) with the effect that “A has the outstanding amount of KRW 50 million incurred from January 1, 2013 to July 31, 2016,” and “B shall repay all of the outstanding amount of debt (vehicle rent) up to August 20, 2016, and shall pay the delayed payment calculated at the rate of 20% per annum from August 2, 2016 to the date of full payment (Evidence No. 4).” On the same day, A concluded a mortgage agreement with the Defendant as to the obligee, the maximum debt amount of KRW 50 million, and the debtor’s mortgage agreement with the Defendant as to the real estate list (hereinafter “instant real estate”), and completed the registration of the establishment of a mortgage between the Defendant and the Defendant on the same day.
(hereinafter “instant collateral security”). D.
At the time of the creation of the instant right to collateral security, A, in addition to the Defendant’s obligations against Samsung Card Co., Ltd. (principal principal KRW 27,045,379, interest and delay damages KRW 4,200,183), obligations against the New Card Co., Ltd. (principal principal KRW 3,419,191, interest and delay damages KRW 404,204), obligations against the National Bank of Korea (principal KRW 2,480,00, interest and delay damages KRW 2,488,253), obligations against the Bank of Korea (principal principal KRW 35 million, interest and delay damages KRW 649,188), obligations against Hyundai Capital Co., Ltd. (principal principal principal KRW 18,620,732, interest and delay damages) and there was no property other than the instant real estate.
[Ground of recognition] dispute.