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(영문) 창원지방법원진주지원 2014.12.12 2014가단30335
구상금
Text

1. As to KRW 417,535,980 and KRW 416,942,391 among the Plaintiff, Defendant A shall be from December 26, 2013 to February 10, 2014.

Reasons

1. Determination as to the claim against Defendant A

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

(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts;

2. Determination as to claims against Defendant B and C

A. The facts of recognition 1) On July 8, 2013, Defendant A and Defendant B entered into a mortgage agreement (hereinafter “instant mortgage agreement”) with Defendant B as to each real estate listed in the separate sheet No. 1 and No. 2 as to the Plaintiff’s claim for reimbursement against Defendant A (hereinafter “instant real estate”), and Defendant B entered into a mortgage agreement with Defendant B on July 8, 2013, and completed the registration of establishment of a neighboring real estate (hereinafter “the creation of a mortgage of this case”) (hereinafter “the creation of a mortgage of this case”) with Defendant C on July 25, 2013 as the receipt of the first neighboring registration office No. 9904 on July 8, 2013. On July 25, 2013, Defendant C and the separate list No. 1 through 3 real estate (hereinafter “the instant real estate”). Defendant C received the establishment of a mortgage of this case as to the instant real estate (hereinafter “the establishment of a mortgage of this case”).

3) At the time of Defendant A’s above property juristic act, at the time of performing each of the above property juristic act, Defendant A owned the pertinent property, such as the details of the attached active property and the details of the passive property, as stated in each of the following: (a) the instant property was in a state of insolvency in excess of active property; (b) the holding of auction and distribution of the instant property; (c) on January 2, 2014, Nonparty Daegu Bank filed an application for the auction of the instant real property with the Changwon District Court for the said auction of real estate with respect to the instant real property, and sold the instant real property to another in the said auction procedure; and (d) on September 22, 2014, the date of distribution of the said auction case, Defendant B was KRW 13,814,864, and Defendant C was 43.

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