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(영문) 광주지방법원해남지원 2015.11.03 2015가단20466
사해행위취소
Text

1. The contract to establish a mortgage between the Defendant and B on May 28, 2013 regarding the size of 2823 square meters in the Namnam-gun, Jeonnam-gun.

Reasons

1. Facts of recognition;

(a) Conclusion of a credit guarantee agreement and payment by subrogation 1) Yellow Agricultural Cooperatives (hereinafter “Yulsan Agricultural Cooperatives”);

A) On July 4, 2007, KRW 7,200,000, and KRW 30,600,000 on August 13, 2009, respectively, were lent to B. At each time of entering into each of the above lending contracts, the Plaintiff and B guaranteed the Plaintiff’s obligation to borrow loans to the Yellow Agricultural Cooperatives, and the Plaintiff entered into each credit guarantee agreement with the effect that, in the event that the Plaintiff makes a subrogation, the Plaintiff shall pay the amount of subrogation and the expenses incurred therefrom (hereinafter “instant guarantee agreement”).

(2) The Plaintiff issued each credit guarantee certificate to the Agricultural Cooperatives, the Plaintiff did not perform its obligations under the above loan contract, and the Plaintiff subrogated the amount of KRW 21,602,421 on August 28, 2014 to the Agricultural Cooperatives, the amount of KRW 21,602,421 on behalf of the Plaintiff.

B. On the other hand, B entered into a mortgage agreement with the Defendant on May 28, 2013 with respect to the size of 2823 square meters (hereinafter “instant real estate”) prior to the previous Nam-gun, Chungcheongnam-gun, Daejeon-gun, and completed the registration of creation of a mortgage with the Defendant and the maximum debt amount KRW 45,000,000 on July 10, 2013, under Article 21706 of the receipt of the support from the Gwangju metropolitan District Court (hereinafter “the instant real estate”).

(hereinafter “Disposition in this case”).

C. At the time of the instant disposal of the property B, B had positive and negative properties as follows, and was in excess of liability.

(affirmative Property Table No. 7 shall be calculated as the officially announced value, as there is no data to identify the market price. Although the officially announced value may be somewhat lower than the actual value, considering the difference between the officially announced value of land by other sequences such as land and the officially announced value of the appraisal report, active property may not exceed the negative property even if the actual value is somewhat high, even if the actual value does not exceed the negative property). The number of the sequence No. 1/3,33,300,000 real sale is 4,377 square meters in the Nam-gun, 2 years, and 3 years, 139,393,000, 3 years, 3 years, 4,179 square meters in Gan-gun, 137,611, 000 appraisal report.

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