logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.10.24 2016가단249406
사해행위취소
Text

1.(a)

Attached Form

As to the real estate recorded in the list, the right to collateral security concluded on September 3, 2015 between Defendant B and D.

Reasons

Facts of recognition

D) D is E Co., Ltd. (hereinafter referred to as “State”) E

[2] The plaintiff was paid by the method of making a deposit of 480,000,000 won in the investment recommendation of F and other employees of the Dispute Resolution Co., Ltd. to the Dispute Resolution Co., Ltd., but did not refund the investment amount. Thus, the plaintiff filed a complaint against D and F, etc. under the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Regulation of Conducting Fund-Raising Business without Permission, but the above criminal case is currently in the state of suspending prosecution because D escape abroad.

D’s dispositive act D, regarding the instant real estate, concluded a mortgage agreement with Defendant B on September 3, 2015 with the maximum debt amount of KRW 48 million, and with the debtor D on September 16, 2015, and concluded a mortgage agreement with Defendant C on September 11, 2015, and concluded a mortgage agreement with Defendant C on January 11, 2016 with the maximum debt amount of KRW 250 million, and completed a mortgage agreement with Defendant C on January 11, 2016.

In total, "the disposal of this case" is "the disposal of this case" and "the first and second collateral security" is "the first and second collateral security in sequence."

1) At the time of the instant disposition by D, the instant real estate was the senior mortgage (the maximum claim amount of KRW 440,400,000, and the debtor D) of the Korea Housing Finance Corporation.

After D’s instant disposition, the instant real estate was transferred to H in succession through G on May 4, 2016 due to sale and purchase, and in the process, the collateral security of the Korea Housing Finance Corporation and the Defendants’ first and second collateral mortgage were terminated and cancelled.

2) On May 18, 2016, at the time when the right to collateral security of the Korea Housing Finance Corporation was cancelled, the remainder of the secured debt amount is KRW 361,858,940 (= Principal KRW 360,969,338).

3 The market price of the instant real estate around September 2015, where the first collateral mortgage was created, is equivalent to approximately KRW 390 million, and around January 2016, where the second collateral mortgage was created, the market price of the instant real estate is KRW 410 million.

arrow