logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원거창지원 2014.02.06 2013가합180
사해행위취소 등
Text

1. As to real estate listed in Attachment 1:

A. It was concluded on November 6, 2012 between Defendant C and D.

Reasons

1. Facts of recognition;

A. On May 8, 2012, the Plaintiff entered into an agreement with D and the Plaintiff on the supply of goods such as mixed feed, etc., and D to pay the price for the supply thereof (hereinafter “instant agreement”).

B. On May 14, 2012, the Plaintiff made a loan to D with an agreement of KRW 500 million at the rate of 8% per annum, overdue interest rate of 18% per annum, and the repayment was made by setting a monthly installment payment from May 31, 2012 (hereinafter “instant loan”).

C. On June 25, 2012, D, E, and F prepared a notarial deed of performance of an obligation for collateral security (hereinafter “instant transfer security”) with the purport that the said three parties jointly and severally assume each of the above obligations in order to secure an obligation for the purchase of goods (hereinafter “instant obligation for the purchase of goods”) under the instant agreement and the instant loan obligation, and that the said three parties shall provide D’s ownership of pigs 3,500 (hereinafter “instant transfer security”).

D) On November 6, 2012, with respect to the real estate listed in paragraph (1) of the Attached List No. 1 (hereinafter referred to as “real estate No. 1”), D signed a mortgage agreement with Defendant C on November 6, 2012 (hereinafter referred to as “mortgage No. 1”) with regard to the establishment of the right to collateral security (hereinafter referred to as “mortgage No. 1”) and for the same month.

8. The registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) based on the first mortgage contract was completed to the above Defendant, and ② on February 18, 2013, the first real estate was sold to the Defendant A (hereinafter “first sale”) and on the same day, the registration of the transfer of ownership based on the first sale was completed to the said Defendant (hereinafter “first ownership transfer”).

E. On September 18, 2012, E entered into a mortgage agreement with Defendant C on September 18, 2012, setting up a maximum debt amount of KRW 100 million (hereinafter “second mortgage agreement”) with respect to the second real estate owned by E, and on the same day, Article 2.2 of the above Defendant on the same day.

arrow