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(영문) 대전지방법원논산지원 2015.07.02 2014가단5992
사해행위취소 등
Text

1. A contract establishing a right to collateral security concluded on December 16, 2013 between the Defendant and C regarding the real estate stated in the attached list.

Reasons

Basic Facts

On November 7, 2011, the Plaintiff loaned 50 million won to C on November 7, 201, the due date for repayment, 30% per annum, and the due date for interest payment, as the 11th day of each month.

(1) From February 3, 2010 to May 13, 2013, C borrowed a total of KRW 19 million on seven occasions from the Defendant, and on December 16, 2013, the real estate listed in the separate sheet (hereinafter “instant real estate”).

3) As to the establishment of a mortgage contract, the mortgage contract is concluded (hereinafter “mortgage contract”).

) On December 19, 2013, regarding the instant real estate on December 19, 2013, the registration of creation of a mortgage in the vicinity of the disposition No. 70 million won (hereinafter “registration of creation of a mortgage in the instant case”) was completed in the name of the Defendant.

(2) On the other hand, the instant real estate is based on the first priority collective security, which completed the registration on July 13, 2010 with the debtor C, the community credit cooperative, the maximum debt amount of 84 million won, and the second priority collective security, each of which completed the registration on February 15, 2013, with the amount of 13 million won as the debtor C, the debtor C, the community credit cooperative with the mortgagee C, the maximum debt amount, and the maximum debt amount.

C’s asset status 1) The instant real estate was real estate as C’s active property at the time of entering into the instant mortgage agreement, and the market value as of January 13, 2015 is KRW 114,00,000,00. 2) The loan obligations against the Plaintiff at the time of entering into the instant mortgage agreement as of January 13, 2015 are as follows: (a) The loan obligations against the Defendant for the principal amount of KRW 50,00,000 (not being accurately identified: (a) the loan obligations against the Saemaul Fund with the principal amount of KRW 19,00,000 (not being accurately identified; (b) the loan obligations against the Defendant: the loan obligations against D and D: the principal amount of KRW 18,00,000; and (b) the loan obligations against cancer agricultural cooperatives: the principal amount of KRW 180,000,000 (no interest is accurately identified).

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