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(영문) 대전지방법원 2017.01.20 2016가단219386
사해행위취소
Text

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

A. The Defendant and Nonparty B concluded on December 7, 2015.

Reasons

1. Basic facts

A. 1) On May 3, 2013, the Plaintiff entered into a credit guarantee agreement. The Plaintiff is a non-party C Co., Ltd. (hereinafter “C”).

B) By May 2, 2014, the coverage amount of KRW 120,000,000, and the coverage period of KRW 120,000,00 (this later maturity was extended by April 29, 2016).

(2) The credit guarantee agreement of this case is a loan of general fund to a company with a loan subject and a credit guarantee agreement with a national bank with a bond agency (hereinafter “instant credit guarantee agreement”).

(2) On May 3, 2013, Nonparty B, the actual operator of C, jointly and severally guaranteed all obligations owed by C to the Plaintiff under the said credit guarantee agreement. Nonparty B, the actual operator of C, was loaned KRW 100,80,000 from the National Bank based on the said credit guarantee agreement.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation caused a credit guarantee accident due to default of national taxes, etc. on May 4, 2016. Accordingly, the Plaintiff requested the National Bank to discharge the guaranteed liability and on July 7, 2016, by subrogationing C around August 5, 2016, paid a total of KRW 102,736,351 on behalf of the National Bank.

C. B around December 7, 2015, around December 7, 2015, concluded a mortgage agreement with the Defendant, his/her husband, regarding the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of establishment of a neighboring mortgage with the Defendant, who was his/her husband, as his/her wife, at KRW 9,00,000, and at KRW 99,000,

(hereinafter referred to as "the instant collateral security". D.

B’s active property at the time of the establishment of the instant right to collateral security (as the market price, approximately KRW 247,500,000) was actually attributable to the instant real property at the time of the establishment of the instant right to collateral security. On the other hand, a small property was a debt of KRW 28,800,000 for credit loans to a national bank on November 25, 2010, and KRW 170,000 for loans from the third day of April 3, 2008, and KRW 210,000,000 for the house loan loans obligation on May 30, 2014, and KRW 7,200,000 for credit loans obligation on October 2, 2015, and KRW 1.90,000.

[Reasons for Recognition] Unsatisfy, Gap's 1 to 8, 11 to 1.

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