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(영문) 의정부지방법원 2018.07.04 2017가합57103
사해행위취소
Text

1. Nonparty B:

A. As of June 27, 2017, each of the real estates listed in attached Forms 1 through 5 between Defendant A.

Reasons

1. Claim against the defendant A and the machinery of the technical industry

A. The Plaintiff indicated the claim had a joint and several surety claim against Nonparty B, a joint and several surety for non-guaranteed private equity bonds issued by C.

However, on June 27, 2017, B entered into a mortgage contract with Defendant A, the Co., Ltd. on each real estate set forth in [Attachment I] and [Attachment V].

Therefore, each of the above contracts to establish a mortgage should be revoked by fraudulent act, and the defendants are obligated to implement the registration procedure for cancellation of each of the existing mortgages completed in relation to the above real estate to B.

(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment based on the recommendation of confession;

2. Claim against Defendant MelT Co., Ltd. (hereinafter in this paragraph “Defendant”).

A. The Plaintiff’s basic facts 1) The Plaintiff is a special purpose company that registered the plan for asset-backed securitization with the Financial Services Commission in accordance with the Asset-Backed Securitization Act.

B) ASEAN Investment Securities Co., Ltd. (hereinafter “C”) on March 24, 2016

) Unguaranteed private equity bonds issued by it (hereinafter referred to as “instant bonds”) are as follows:

(1) The type of bonds: The bearer interest coupon non-guaranteed private equity bonds, ② the total face value of bonds: KRW 800 million; the issue value of each bond: KRW 100 million; ④ the issue value of each bond: 5.187% per annum from the issue date of the bonds to the repayment date of the principal: 5.187% per annum from the issue date of the bonds; ⑤ the nominal interest rate of the bonds: the same as the issue interest rate; ⑥ the redemption method and deadline of the bonds: the redemption method and deadline of the bonds: the principal shall be calculated on March 24, 2018; the method and deadline for payment; the interest shall be calculated from the issue date to the date preceding the due date of the interest payment; and the amount calculated by multiplying the balance of the outstanding principal of the bonds as of the date immediately preceding the due date by 4, by the rate

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