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(영문) 서울남부지방법원 2016.04.07 2015가단230130
사해행위취소
Text

1. As to real estate listed in the separate sheet

A. The contract to establish a mortgage concluded on January 26, 2014 between B and the Defendant.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) was loaned KRW 200 million from the Industrial Bank of Korea Kimhae branch on September 20, 2012.

At that time, the Plaintiff provided a credit guarantee with the guarantee term of KRW 170 million and the guarantee term of KRW 170 million on September 17, 2015.

B (the credit guarantee letter of evidence No. 1) provided a joint and several guarantee for the indemnity obligation against the plaintiff in C.

B. C on April 8, 2015, due to a credit guarantee accident, the Plaintiff subrogated for KRW 173,376,414 on July 10, 2015.

C. Meanwhile, on December 26, 2014, B concluded a mortgage agreement with the Defendant, who is the wife, on the attached list (hereinafter “instant real estate”), which provides for KRW 150 million with respect to the pertinent real estate as indicated in the attached list (hereinafter “instant real estate”), and completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring real estate”) with the Seoul Southern District Court No. 63019, Dec. 26, 2014, which was received on December 26, 2014.

At the time of the registration of the establishment of the instant neighboring real estate, ① the creditor Seoul Guarantee Insurance Co., Ltd.’s provisional attachment of KRW 2,782,316,90,00 as the claimed amount on September 19, 2012; ② the Korea Trade Insurance Corporation’s provisional attachment of KRW 28,337,012 as the claimed amount on August 29, 2013 was made by the Korea Trade Insurance Corporation; and in addition, B was liable for a loan of KRW 40,00,000 to our bank; the guarantee obligation to our bank; the amount of KRW 83,00,000 to the Small and Medium Business Corporation; and the amount of monetary liability to its branch was KRW 2-30,000; and KRW 38,000,000 to the real estate in relation to the instant real estate.

On the other hand, B was the only real estate price, and the market price of the instant real estate was the amount between KRW 510 million and KRW 5450 million at the time of the establishment of the instant right to collateral security, and the present amount is between KRW 550 million and KRW 600 million at the time of the establishment of the instant right to collateral security.

[Ground of recognition] dispute.

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