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(영문) 대전지방법원 2020.04.09 2019가단110268
사해행위취소
Text

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

A. It was concluded on January 22, 2018 between Defendant A and C.

Reasons

1. Plaintiff’s claim against Defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act (amended by Act No. 150(3)

2. Plaintiff’s claim against Defendant A

A. Basic facts 1) C operated a business entity with the trade name “E”. The Plaintiff leased money to C as indicated below (hereinafter “instant loan agreement”).

(2) According to the loan contract of this case on October 1, 201, 201, 201, 13, 201, 201, 50,000 won of the loan of the loan of the loan of the loan of the loan of the term expiration date of the loan transaction agreement (driving funds) under the loan contract of this case, C shall be governed by the Plaintiff to the extent permitted under Article 2 of the loan transaction basic terms and conditions within the extent permitted by law, and (2) in the event of delay in the repayment of the loan to the Plaintiff, C shall pay damages for delay on the amount to be paid immediately to the Plaintiff at the rate determined by the Plaintiff within the limit stipulated by law, and (3) in the event of loss of the benefit of the term under Article 6 of the basic terms and conditions of loan transaction, the Plaintiff shall have to pay all the obligations to the Plaintiff immediately

Since September 29, 2016, the rate of delay damages determined by the Plaintiff is 10% per annum.

3) On January 15, 2019, C delayed repayment of the principal and interest of the loan under the instant loan agreement, and lost the benefit of March 27, 2019. 4) Meanwhile, C on January 23, 2018, on the ground of a contract establishing a mortgage agreement with the Defendant on January 22, 2018 (hereinafter “instant apartment”) regarding the real estate stated in the separate sheet to the Defendant A (hereinafter “instant apartment”).

The registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the establishment of a neighboring mortgage of this case”) was completed.

5. At the time of establishing the mortgage of this case, C did not have any particular property except the apartment of this case, but against the Plaintiff.

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