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(영문) 부산지방법원 2018.09.07 2017나51600
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

Regarding apartment buildings listed in the attached list between the defendant and C.

Reasons

1. Basic facts

A. On March 30, 2015, the Plaintiff’s Claim D Co., Ltd. (hereinafter “Nonindicted Company”) borrowed KRW 150 million from the Plaintiff by setting the interest rate of KRW 250 million per annum and by March 30, 2016. G, C, and N have jointly and severally guaranteed the Nonindicted Company’s obligations, and on March 30, 2015, a notarial deed of the above contents (hereinafter “notarial deed of this case”) was prepared between the Plaintiff, Nonparty Company, G, C, and N.

However, the non-party company is in arrears with interest from June 2015.

B. C’s dispositive act 1) Defendant and E concluded an investment contract with the Nonparty Company on February 4, 2015. To secure the return of the investment amount, the Nonparty Company, F, C, and G issued promissory notes with a face value of KRW 130 million to the Defendant and E, and written a notarial deed of bills. Based on the notarial deed of the said note, the Defendant and E entered the apartment in the attached list owned by the Defendant and E (hereinafter “instant apartment”).

A) On November 11, 2015, Busan District Court H applied for a compulsory auction against E, and on November 201, 2015, E transferred the claim against E to the non-party company and C, etc. (2) on November 27, 2015 between C and the Defendant, and instead of withdrawing the said compulsory auction, C entered into a contract with the Defendant to set up a collateral security right of KRW 130 million against the instant apartment (hereinafter “mortgage-mortgage-based contract”).

3) On November 27, 2015, C registered the creation of a mortgage on the instant apartment by the Busan District Court’s receipt of the Busan District Court’s Busan District Court (No. 45285, the maximum debt amount of KRW 130,000,000,000,000,000,000,000,000,000

The defendant completed the above compulsory auction on December 11, 2015.

C. At the time of establishing the instant mortgage contract with C’s own funds, C did not have any specific property other than the instant apartment that is equivalent to KRW 295 million at the market price.

On the other hand, this case is against C.

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