logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2017.04.27 2016가합11061
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) D, on April 29, 2008, drafted a certificate of borrowing KRW 300 million from F with interest rate of 1.2% on April 29, 2010 (such as the drawing up, etc. of D’s borrowing certificates) (a credit for F’s lending of loans to F with interest rate of KRW 1.2% on the same date).

2) On April 29, 2008, D entered into a mortgage agreement with F on the maximum debt amount of KRW 300,000 with respect to Bapo-si, G, and six other real estate owned by D, and on April 30, 2008, registered the establishment of a mortgage in F name under the title of Gwangju District Court No. 22455.

3) On July 20, 2015, F received dividends of KRW 96,105,738 as a creditor of the said mortgage-backed security (right to collateral security) against each of the said real estate in the Gwangju District Court Y case, I (Dupl). (B) F applied for provisional attachment of claims against D’s claim against D in order to preserve the instant claim (No. 2011Kahap139), and on May 16, 201, the Gwangju District Court Y issued a provisional attachment order on May 18, 201, and served on the garnishee J on May 27, 2011, respectively.

2) On October 24, 2012, D transferred to J the part of the maximum debt amount of KRW 900,000,000,000,000,000 to K, among the claims for the right to collateral security, registered by the Gwangju District Court No. 44778, Dec. 5, 2012; and on October 15, 2012, the part of KRW 270,000,00 to L; the part of KRW 100,000 to N; and the part of KRW 200,000,000 to the N, respectively. On December 19, 2013, D transferred to the Defendants the claim for delay damages of KRW 77,000,000,000,000,000 to the said part of the right to collateral security (hereinafter “the Defendants’ claim for delay damages”).

3) The Seoul Central District Court E-port auction of real estate owned by J is proceeding.

C. The Plaintiff entered into an assignment contract between the Plaintiff and F on September 15, 2015.

arrow