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(영문) 의정부지방법원 2017.09.13 2016가단124115
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. On March 3, 2016, between B and Defendant A.

Reasons

1. Facts of recognition;

A. On November 29, 2010, the Plaintiff entered into a credit guarantee agreement with B on November 29, 2010, and issued a credit guarantee certificate of KRW 17,000,000 as the guaranteed amount. (ii) B obtained loans from the Industrial Bank of Korea as security on November 30, 2010.

3) However, on June 24, 2016, B caused a credit accident resulting from the suspension of current account transactions. Accordingly, on October 14, 2016, the Plaintiff repaid KRW 172,586,136 to the Bank of Korea by subrogationing B. 4) thereby, the Plaintiff has a claim for reimbursement equivalent to KRW 174,440,389 (==172,586,586,136 by subrogation) against B.

B. B’s establishment of the right to collateral security (hereinafter “instant apartment”) with respect to an apartment as indicated in the attached list owned by oneself (hereinafter “instant apartment”), and entered into a mortgage agreement with the Defendant, who was on March 3, 2016, with the maximum amount of KRW 50 million, and completed the registration of the establishment of the right to collateral security on the 10th of the same month. ② On June 1, 2016, B entered into the mortgage agreement with the Defendant Han Han-Un Co., Ltd. and the maximum amount of debt KRW 70 million with respect to the apartment as indicated in the attached list owned by oneself (hereinafter “instant apartment”). The same month.

7. The registration of the establishment of a neighboring mortgage was completed;

(C) The registration of establishment of each of the above mortgages was made as the “each of the instant mortgages” and the registration of establishment of each of the above mortgages was made as the “registration of establishment of each of the instant mortgages.”

B was in excess of the debt at the time of establishing each of the instant mortgages against the insolvent.

With respect to the apartment of this case, such as the voluntary auction and sale of the apartment of this case, the auction of real estate was conducted with the Jung-gu District Court C upon the application of the right to collateral security (right to collateral security) Hyundai LF Co., Ltd. and sold to a third party around June 2, 2017.

[Ground of recognition] Facts without dispute, entry in Gap1 through 12, purport of the whole pleadings

2. Determination

(a) Recognizing the facts and evidence of the recognition as above 1 above-mentioned in respect of the piracy.

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