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(영문) 대구지방법원의성지원 2019.11.06 2017가단1280
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and D’s credit card transaction agreement D was concluded with the Plaintiff on October 13, 2016 and was used by obtaining credit cards from the Plaintiff after concluding a credit card transaction agreement with the Plaintiff, and was loaned by using the said agreement.

B. The instant mortgage contract and the registration of establishment of mortgage near the instant mortgage (hereinafter “instant mortgage contract”) on March 7, 2017 with the Defendant on each of the instant real estate owned by D (hereinafter “instant mortgage contract”).

(2) On March 9, 2017, on each of the instant real estate, the Daegu District Court rendered a decision to commence compulsory auction on November 22, 2018 by filing an application for compulsory auction (this Court E) with the Plaintiff for compulsory auction on each of the instant real estate and received a decision to commence compulsory auction by this Court on November 22, 2018.

On July 10, 2019, the registration of the establishment of the above neighboring mortgage was cancelled due to the sale of the above compulsory auction.

C. On the other hand, the real estate in this case was registered as the claim amount of KRW 15,00,000 and the provisional attachment registration of KRW 15,000 for creditors F as of November 20, 2013, under the Act No. 7851, which was received on November 20, 2013 by the Daegu District Court, and the registration of provisional attachment was cancelled on March 21, 2019. The registration of provisional attachment was cancelled on June 3, 2019 with regard to each of the real estate in this case as of March 9, 2017, under the Act No. 1539, which was received on March 9, 2017, with regard to the establishment of a mortgage contract of KRW 30,000 for the cause of registration as of March 7, 2017.

On November 24, 2017, the registration of the establishment of a neighboring mortgage was cancelled on the same day on the same day as the grounds for termination.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 7 through 9, Eul evidence 1 (including branch numbers, hereinafter the same), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff D’s debt exceeds that.

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