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(영문) 대전지방법원 2015.12.01 2014가단31490
사해행위취소
Text

1. A conclusive bond transfer contract concluded on January 28, 201 with respect to real estate stated in the separate sheet between the defendant and B; and

Reasons

1. Facts of recognition;

A. On June 29, 2010, the Plaintiff leased KRW 80 million (hereinafter “instant loan”) to D Co., Ltd. (hereinafter “D”) on February 19, 2011 as of the expiration date of the loan, and the interest rate was set at a fluctuation rate, and B jointly and severally guaranteed the above loan obligations against the Plaintiff.

B. The principal and interest of this case cannot be repaid at all due date, and the principal and interest of this case to be paid D and B are KRW 17,873,836 as of July 29, 2014.

C. On August 18, 2006, the registration of creation of a neighboring mortgage in the name of B, the maximum debt amount of which is 40 million won, (hereinafter “instant real estate”) was completed on August 18, 2006. On January 9, 2014, B applied for voluntary auction (hereinafter “voluntary auction”) with the Daejeon District Court’s official branch office C on the basis of the instant right to collateral security, and on January 28, 2014, B concluded a conclusive claim transfer contract and a contract for the transfer of collateral security (hereinafter “instant transfer contract”) with the Defendant to transfer the secured debt of the instant right to the Defendant on January 28, 2014, and entered into a supplementary registration of the transfer registration under the name of the Defendant based on the instant transfer contract.

On August 28, 2014, the distribution schedule was prepared that KRW 40,000,00 was distributed to the Defendant on August 28, 2014 in the instant voluntary auction procedure, and the Plaintiff received a provisional disposition order prohibiting the payment of the said dividends as the Daejeon District Court Decision 2014Kadan4506 on August 19, 2014.

E. At the time of the instant assignment contract, B was the sole active property of the instant collateral security, whereas the passive property was the negative property, other than the instant loan obligation, in excess of the debt due to the loan obligation of KRW 90 million against the foreign exchange bank.

[Ground of recognition] The facts without dispute, Gap 1 through 7 evidence, Eul 5 to 7 evidence, the fact inquiry results against the Ministry of Land, Infrastructure and Transport, and the purport of the whole pleadings.

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