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(영문) 대구지방법원 서부지원 2018.08.16 2017가단52334
사해행위취소
Text

1. It was concluded on October 12, 2016 between the Defendant and B with respect to the real estate listed in the attached real estate list.

Reasons

1. Facts of recognition;

A. (1) On June 22, 2015, the Plaintiff concluded two credit guarantee agreements with B on the basis of the credit guarantee principal of KRW 90 million, and issued a credit guarantee certificate. According to the credit guarantee agreement above, B, upon the Plaintiff’s performance of a guaranteed obligation, must perform all the incidental obligations, including the amount of subrogation, damages after the date of subrogation, and other legal procedure expenses paid by the Plaintiff. (2) B, based on the credit guarantee certificate issued by the Plaintiff, was granted two loans from the Industrial Bank of Korea, each of which was 10 million won by the Plaintiff.

3) On December 7, 2016, B forfeited the benefit of the term for the above two loans. On December 29, 2016, the Plaintiff repaid each of the Plaintiff KRW 89,446,716 and KRW 85,441,554 to the Industrial Bank of Korea on December 29, 2016. (4) In the case of the claim for reimbursement between the Plaintiff and B, Daegu District Court Decision 2017Da4439, the payment order became final and conclusive that “B pays to the Plaintiff 184,43,646 and KRW 174,88,270 per annum from May 24, 2017 to the date of full payment.”

B. B’s disposal of property and 1) B’s self-management of property on October 12, 2016, the mother, the Defendant, the only property of which is the Defendant, is real estate indicated in the separate sheet (hereinafter “instant real estate”).

(1) As to the instant contract establishing a mortgage on October 12, 2016 (the maximum amount of claims KRW 150,000,000; hereinafter “instant contract establishing a mortgage”).

3) The registration of the establishment of a neighboring mortgage on the ground of the registration (hereinafter “the establishment of a neighboring mortgage of this case”).

(2) At the time of the instant mortgage contract, B had a total of at least KRW 500,00,000,000,000,000 for Eastern Fire & Marine Insurance Co., Ltd., Industrial Bank of Korea, Daegu Bank, Plaintiff, and Daegu Tax Department.

On the other hand, the value of the instant real estate as of June 20, 2017 is KRW 233,00,000.

C. Auction 1) On May 26, 2017, at the Plaintiff’s request, the procedure for compulsory auction on the instant real estate (Seoul District Court Branch C, D, hereinafter referred to as “the instant real estate”).

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