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(영문) 인천지방법원부천지원 2020.11.27 2017가합104100
사해행위취소
Text

1. 438201. Of the real estate listed in paragraph (1) of the attached Table No. 1 between Company B and Defendant Company A, 438201.

Reasons

1. Basic facts

A. On June 15, 2015, the Plaintiff loaned KRW 300,000,000 to B Co., Ltd. (hereinafter “B”) at an annual interest rate of 4.28% per annum and at an overdue interest rate of 12% per annum.

(hereinafter referred to as “the first loan contract of this case,” and the above loan is referred to as “the first loan of this case”). B.

B On June 21, 2016, Defendant A Co., Ltd. (hereinafter “Defendant A”) and the real estate listed in paragraph (2) of the same Table as the share of 438201 out of the real estate listed in the attached Table No. 1 of the attached Table No. 438201 among the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “each of the instant real estate”), concluded a mortgage agreement with the mortgagee A, B, the debtor, the maximum debt amount of 3,50,000,000 won (hereinafter “instant first mortgage agreement”), and the Defendant A completed the registration of establishment of a mortgage (hereinafter “the registration of establishment of a mortgage of the first real estate of this case”) with the Busan District Court Branch of Incheon District Court No. 40315, Jun. 21, 2016.

C. On October 24, 2016, B entered into a trade reservation with Defendant A for each of the instant real estate (hereinafter “instant reservation”) and completed the provisional registration of the right to claim ownership transfer (hereinafter “the instant provisional registration”) under the receipt of No. 77179 on October 24, 2016 by the Incheon District Court Branch Branch Kimpo-dong Office of the Kimpo-dong, Incheon District Court (hereinafter “instant provisional registration”).

On October 26, 2016, the Plaintiff loaned KRW 200,000,000 to B at an annual interest rate of 2.72% per annum, and at an overdue interest rate of 12% per annum.

(hereinafter “The second loan contract of this case” and the above loan is “the second loan of this case”). E.

B On February 17, 2017, the Defendant Credit Guarantee Fund and the Defendant Credit Guarantee Fund concluded a mortgage agreement with the maximum debt amount of KRW 1,608,600,00 with respect to each of the instant real property (hereinafter “instant second mortgage agreement”) and the Defendant Credit Guarantee Fund as Incheon District Court Branch Kimpo-dong Office No. 12581, Feb. 17, 2017, “the registration of creation of a neighboring mortgage” was the case 2.

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