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(영문) 청주지방법원 충주지원 2018.04.04 2017가단21728
사해행위취소
Text

1. A contract establishing a right to collateral security, which was concluded on March 17, 2014, with the Defendant on March 17, 2014 regarding C forest land No. 1,164 square meters in Chungcheong City.

Reasons

1. Facts of recognition;

A. The Plaintiff filed a payment order against B with the Cheongju District Court 2008 tea88, and “B shall pay to the Plaintiff 16,853,105 won and 7,883,000 won with 25% interest per annum from December 21, 2007 to the date of full payment” (hereinafter “instant payment order”). The above payment order was finalized on March 4, 2008.

B. On March 19, 2014, B completed the registration of transfer of ownership on the ground of C Forest land 1,164 square meters (hereinafter “the instant forest”) donated on March 19, 2014, as Cheongju District Court Decision 11531, supra, the receipt of March 19, 2014, as C Forest land 1,164 square meters (hereinafter “instant forest”).

C. On March 17, 2014, the Defendant concluded a contract to establish the right to collateral security with regard to the forest of this case (hereinafter “instant contract”) and completed the registration of establishment of the right to collateral security with regard to the forest of this case (hereinafter “instant right to collateral security”) with the Cheongju District Court No. 11531, Mar. 19, 2014, the maximum debt amount of which was KRW 30,000,000, the debtor B and the mortgagee as the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s claim based on the payment order of this case against B is subject to the obligee’s right of revocation arising prior to the establishment of a collateral security contract of this case.

B. In full view of the following: (a) the establishment of a fraudulent act; (b) the written evidence Nos. 1, 2, 5, and 7; and (c) the court’s commission of appraisal to AB appraisal corporations of this court; (b) the response to the submission of tax information on the Chungcheong market by this court; and (c) the entire purport of the pleadings, upon entering into the instant mortgage contract, the Plaintiff’s active property was 23,481,600 square meters of the instant forest and field as well as D 128 square meters, and the value was 23,481,600 square meters of the instant forest and field as active property at the time of the conclusion of the instant mortgage contract; and (d) Meanwhile, only the amount of debt (29,152,744 won) based on

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