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(영문) 광주지방법원목포지원 2017.08.16 2016가단53693
사해행위취소
Text

1. With respect to B forest land in Jeonnam-do, Jeonnam-gun, 551 square meters:

A. On November 6, 2015, between Nonparty C and the Defendant, the non-party limited company C and the Defendant.

Reasons

1. Basic facts

A. The Plaintiff’s claim for indemnity 1) On March 7, 2014, the Plaintiff is a limited company C (hereinafter “foreign company”).

The term of the credit guarantee agreement (hereinafter referred to as the “instant credit guarantee agreement”) between the Company and the Company shall be determined by March 6, 2015 as the guaranteed principal amounting to KRW 33,60,000, and the term of the guarantee shall be changed to March 6, 2015 (as until March 4, 2016).

(2) On November 1, 2015, when the credit management information was registered on December 7, 2015, the Plaintiff paid 34,142,405 won to a corporate bank on February 16, 2016.

B. On November 6, 2015, Nonparty Co., Ltd. concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with the Defendant on the size of 5851 square meters (hereinafter “the instant real estate”) regarding B forest land in Jeonnam-do, Jeonnam-do. On November 11, 2015, the Defendant completed the registration of establishment of a mortgage near the debtor company, the non-party company, and the non-party company as the Defendant of the right to collateral security (hereinafter “registration of establishment of a neighboring real estate”).

C. At the time of establishing the instant collateral security, the non-party company did not have any specific property equivalent to KRW 12,872,200 at the market price, while the debt owed to the Plaintiff was exceeded the aforementioned active property. In addition, the debt owed to the Plaintiff was already in excess of the obligation by bearing a large number of debts, etc., such as the Magpo-si Office of the Regional Employment and Labor Agency of Gwangju, the Jeonnam-gun Foundation, the Gangwon-do Foundation, and the National Health Corporation

[Reasons for Recognition: Unsatisfy, Gap evidence 1-5 (each statement containing each number, and the order to submit the tax information of this Court.

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