logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.07.26 2018가단521029
사해행위취소
Text

1. The receipt on February 21, 2018 between the Defendant and C of the registration office of the Gwangju District Court as to the real estate stated in the attached list.

Reasons

1. Basic facts

A. On September 20, 2016, the Plaintiff and C entered into an agreement with a notary public on September 20, 2016, that “The Plaintiff lent KRW 36,00,000 to C on September 20, 2016,” which read that “A shall lose the benefit of the said obligation and immediately repay the remainder of the debt to the Plaintiff on September 30, 2016, and October 7, 2016, and 14, of the same month.” On September 20, 2016, the Plaintiff and C shall make installment payments of KRW 6,00,000 on six occasions, including the same month 28, and November 4, 2016, and shall pay damages for delay at 25% per annum at the time of delay.” Even once C shall, if the principal is paid in one time, lose the benefit of the said obligation and immediately repay the remainder of the debt.”

(hereinafter referred to as “instant notarial deed”). (b)

C paid to the Plaintiff KRW 1,500,000 as principal repayment on September 30, 2016, and again paid KRW 15,000,000 as interest payment on June 26, 2018.

C. The Plaintiff: (a) applied for a seizure and collection order as the Gwangju District Court 2018TTT 54802 regarding the right to claim the recovery of deposit money against the Republic of Korea by using the instant authentic deed as the title of execution; (b) received KRW 5,410,203 deposited on September 28, 2018; and (c) disbursed KRW 200,600 as the filing cost.

Meanwhile, on the other hand, C had created a collateral security right of KRW 230,00,00 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) as the owner of E for collateral security (hereinafter “instant real estate”) on January 17, 2018, which was created by the Gwangju District Court’s registration office (hereinafter “instant collateral security right”), and on February 20, 2018, transferred the instant collateral security right to the Defendant on February 20, 2018, following the transfer of the instant collateral security right to the Defendant on February 21, 2018, the Gwangju District Court registered the instant collateral security right as the receipt of No. 29486, Feb. 21, 2018.

E. On November 9, 2018, prior to the closure of the instant pleadings, the Defendant transferred the instant collateral security claims to F due to the assignment of claims by the Defendant, and F shall be the Gwangju District Court.

arrow