(영문) 대전지방법원천안지원 2015.10.01 2014가단102407

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원천안지원 2015.10.01 2014가단102407

사해행위취소

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The parties C are the mortgagee who borrowed 500 million won from E as the primary debtor, the creditor who guaranteed the above loan obligation to E and the guarantor who offered the real estate as the security, and the defendant is the mortgagee who completed the registration of establishment of a mortgage over the maximum debt amount of 200 million won with respect to each real estate listed in the attached Forms 1 and 2 List C owned (hereinafter “instant real estate”).

C The loan and the Plaintiff’s guarantee act determined 5% of the interest per month from E on December 20, 201 as the funds to order the removal of the marine substitute hotel in Busan metropolitan Daegu, and determined that, in the event that the removal is ordered within six months and the removal is not commenced by April 30, 2012, C paid the above loan and the interest of 5% per month until May 1, 2012.

On the same day, the Plaintiff guaranteed C’s above loan debt to E, and completed the registration of creation of a collateral of the F apartment of 15, 308, the maximum debt amount of 60 million won owned by the Plaintiff.

C At the time of concluding the mortgage agreement with C, the self-sufficiency C concluded a mortgage agreement with the Defendant on July 9, 2012 with the maximum debt amount of 200 million won with respect to the instant real estate. On July 12, 2012, the Defendant completed the registration of establishment of a mortgage with respect to the instant real estate.

C At the time of July 9, 2012, the instant real estate, Seongdong-gu Seoul, and the second floor above were owned. However, the instant real estate had already been established prior to the establishment of a senior mortgage in the name of the Bank of Korea under the maximum debt amount of 600 million won, and the said G land and the second floor above had the aggregate maximum debt amount of KRW 612,00,000 and KRW 700,000,000, respectively.

The plaintiff's claim for indemnity against C is created and the right to collateral security against provisional seizure E.

2 The above F apartment owned by the plaintiff as stated in paragraph 2.

유사 판례

-춘천지방법원 2015.03.25 2014가합5845

-광주지방법원 2014.10.16 2014가합2411 (1)

-의정부지방법원고양지원 2017.06.16 2016가합73958

-울산지방법원 2015.01.09 2014가단2678

-서울동부지방법원 2014.10.10 2014가합1902