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(영문) 서울중앙지방법원 2015.06.26 2013가단182613
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. On January 25, 2006, C entered into a lease agreement with C setting a deposit amount of KRW 110,000,000 on the leased real estate indicated in the separate sheet (hereinafter “the instant lease agreement”). On July 16, 201, C entered into the mortgage agreement with the Defendant on the following grounds: (a) the priority-based maximum debt amount of KRW 115,70,000 in KRW 115,700; and (b) the secured debt was the principal and interest of KRW 89,00,000 in the loan principal from a national bank; (c) the Plaintiff, as at January 6, 2009, leased the instant loan amount of KRW 110,000 in KRW 10,000 (hereinafter “the instant lease agreement”); (d) on July 16, 2010, C entered the mortgage agreement in the name of D with the Defendant as the representative director, as the collateral security agreement (hereinafter “the mortgage agreement”).

On May 31, 2013, the Plaintiff subrogated for KRW 102,565,311 of the principal and interest of loan to the National Bank of Korea, and completed additional registration from the National Bank of Korea which makes the mortgagee of the right to collateral security No. 1 as the Plaintiff.

On February 22, 2011, the instant lease agreement increased the deposit to KRW 130,000,000, and the lease term was changed to February 22, 2013, and the lease term was terminated after the expiration of the period.

On July 11, 2014, with respect to the instant loan, a decision to commence compulsory auction was made upon the Plaintiff’s request, and the auction procedure is currently in progress.

[Grounds for Recognition: Evidence No. 1-12, 17, 18, response to an order to submit financial transaction information to the National Bank, the purport of the entire pleadings

2. The Plaintiff’s assertion has against C a claim for refund of deposit under the instant lease agreement and a claim for transfer money due to subrogation for a national bank loan.

The secured claim of the establishment registration of the neighboring mortgage of this case was not established or extinctive prescription was completed.

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