beta
Text
1. As to real estate listed in the separate sheet:
A. The Defendant and B were concluded on May 4, 2016.
Reasons
1. Facts of recognition;
A. On November 12, 2013, the Plaintiff entered into a loan agreement with C, and lent KRW 260,000,000 to C. 2) Since then C established a stock company B (hereinafter “Nonindicted Company”). On November 14, 2014, the Plaintiff agreed to take over the above loan obligations between the Nonparty Company and the Nonparty Company.
3) As of March 30, 2017, the non-party company lost the benefit of time due to delinquency in paying the principal and interest, and as of March 30, 2017, the non-party company bears the loan obligation of KRW 286,816,471. B. The non-party company is a real estate indicated in the separate sheet (hereinafter “instant real estate”) owned by the Defendant on May 4, 2016.
In regard to the mortgage contract, the maximum amount of claims 200,000,000 won and the mortgage contract to the non-party company and the mortgagee as the defendant (hereinafter “mortgage contract”).
(C) At the time of entering into the instant mortgage contract, the non-party company did not have any particular property other than the instant real estate, and the non-party company was in excess of its obligation. [The entries in the evidence Nos. 1 through 6, and the purport of the entire pleadings, based on the recognition, are as follows.
2. Determination
(a) An act of a debtor in excess of his/her obligation to offer real estate owned by him/her to any one of the creditors as collateral for claims constitutes a fraudulent act in relation to other creditors, except in extenuating circumstances;
(See Supreme Court Decision 97Da10864 delivered on September 9, 1997, etc.). B.
Therefore, according to the above facts of recognition, since the contract to establish a mortgage of this case constitutes a fraudulent act and the defendant's bad faith is presumed, it is revoked, and the defendant is obligated to implement the procedure for registration of cancellation of the right to collateral security completed in accordance with the contract to restore
3. citing the Plaintiff’s claim for conclusion