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(영문) 대구지방법원 2020.12.10 2020가합201587
사해행위취소
Text

A contract to establish a right to collateral security concluded on October 27, 2016 between Defendant B and D concerning the real estate listed in attached Table 1 shall be executed on October 27, 201.

Reasons

1. Basic facts

A. At the request of the Plaintiff and Nonparty D, the agent of Nonparty D, a notary public, drafted a notarial deed under a contract for debt repayment of collateral security (quasi-loan for consumption) as follows on May 4, 2016 (hereinafter “notarial deed of this case”).

On May 4, 2016, Article 1: (a) as a result of the settlement of loans received from the Plaintiff in accordance with a multiple loan agreement pending from June 2000 to December 2015, the debtor D has approved that the Plaintiff bears the obligation of KRW 330,000 (330,000,000) in total; and (b) has subscribed to pay the obligation in accordance with the following provisions, and the creditor has accepted it.

Article 2 (Period and Method of Payment) Article 5 (Compensation for Delaying Damages) (Compensation for Delay) The debtor delays the repayment of the above amount on December 31, 2016, shall pay to the creditor damages for delay at the rate of 18 percent per annum to the delayed amount.

Article 10 (Transfer for Security) The obligor transferred the ownership of the articles listed in the separate sheet (referring to approximately 250 share in the H portion financial resources located in Gohap-gun G) owned by the obligor for the purpose of securing the performance of the above obligation, by means of an alteration of possession, and the obligee acquired it by transfer.

(A) If the obligor fails to perform his obligation, the obligee may immediately dispose of the property transferred for security in an appropriate manner and appropriate it for the settlement of this obligation with the proceeds of realization.

However, if realization money falls short of the repayment of the obligation, it may be demanded to the obligor for such shortage, and if there exists any remainder, it shall be returned to the obligor.

B. (1) D) On October 27, 2016, the real estate indicated in attached Form 1 (hereinafter “instant real estate”) between Defendant B and Defendant B as to the instant real estate.

The maximum debt amount shall be KRW 450,000,000 against the mortgagee B, the debtor D, and the maximum debt amount.

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