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(영문) 대전지방법원 2015.10.15 2015가단208785
사해행위취소
Text

1. The defendant and the non-party B share 394/1955 of non-party B, among the 1955 square meters of land as C forest land in Sejong Special Self-Governing City.

Reasons

1. Facts of recognition;

A. On April 10, 2009, the Plaintiff entered into a credit guarantee agreement (the guaranteed principal amount of KRW 81.7 million, the guarantee period from April 10, 2009 to April 9, 2010) with respect to the obligation to be borne by Nonparty D and D upon receiving a loan from a national bank, and Nonparty B, a wife of D, jointly and severally guaranteed the obligation to be borne by D with respect to the said credit guarantee agreement.

B. D subsequently received a loan of KRW 86 million from a national bank with the Plaintiff’s credit guarantee letter.

D on May 10, 2013, a credit guarantee accident occurred because it has lost the benefit of time due to a national bank loan, and the Plaintiff subrogated to the national bank 65,701,155 won on July 11, 2013.

C. On June 26, 2014, the Plaintiff filed a lawsuit seeking indemnity against D and B, and rendered a judgment that “D and B shall jointly and severally pay to the Plaintiff 64,945,323 won and 64,945,075 won among them, 12% per annum from July 11, 2013 to April 19, 2014, and 20% per annum from the next day to the date of full payment,” and became final and conclusive around that time.

B borrowed 10 million won from the Defendant on March 18, 2013.

Since then, as to the entire share of 394/1955 of the value of Sejong Special Self-Governing City, Sejong Special Self-Governing City, which is equivalent to KRW 14,184,000, KRW 1955 square meters (hereinafter “instant share”), the Daejeon District Court issued the registration of establishment of mortgage between the Defendant and the Defendant on June 27, 2013 as the receipt of the agreement to establish a mortgage on June 28, 2013 and KRW 10,000 won (hereinafter “instant share”).

B owned 31/1372 of the total amount of 1372 square meters of forest E, Pyeongtaek-gun, Gangwon-do, which was 558,000 square meters in addition to the instant shares at the time of the establishment of collateral security.

E. The distribution schedule was prepared to distribute KRW 10 million to the Defendant, who is a mortgagee, on the date of distribution made on August 27, 2015 in the procedure for compulsory auction of the instant shares.

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