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(영문) 대구지방법원서부지원 2017.06.22 2016가합51065
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On October 7, 2014, the Plaintiff offered a loan to B on the same day, and B, on the same day, paid to the Plaintiff the amount of KRW 700,000,000,000, up to June 30, 2015, and the Plaintiff prepared a certificate of loan with the purport that he/she shall pay interest for delay at 4% per month upon the expiration of the above repayment period. B is deemed as “land of this case” on the same day, the Daegu-gu Seoul Special Metropolitan City, Daegu Special Metropolitan City, 247 square meters and nine (hereinafter “instant land”).

(2) On June 10, 2015, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “the right to collateral security”) with respect to KRW 650,00,000 out of the outstanding amount of the loan amount of KRW 700,000,000 among the outstanding amount of KRW 750,000,000 on the condition that the creation of the right to collateral security (hereinafter “the right to collateral security”) shall be rescinded until June 30, 2015, and the remaining amount of KRW 250,00,000,000 among the outstanding amount of the loan amount shall be repaid until July 15, 2015. The right to collateral security (hereinafter “the right to collateral security”) shall be repaid after October 31, 2015 and the outstanding interest shall be paid after October 31, 2015.

On June 11, 2015, the Plaintiff cancelled the registration of the establishment of the right to collateral security.

B. On the instant land, B newly built real estate on the instant land as indicated in the separate sheet (hereinafter “instant loan”) with a total of 20 household units as to the instant land.

However, on February 1, 2016, when D, other creditors of B, without the approval for use of the instant loan and registration, received a decision to commence compulsory sale of the instant loan, from the Seo-gu District Court Seo- Branch E on February 1, 2016, on February 2, 2016, B entered the registration of the preservation of ownership and the said decision to commence compulsory sale of loan.

C. B’s act of establishing a right to collateral security (B) to the Defendant on February 5, 2016.

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