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(영문) 서울중앙지방법원 2015.12.23 2014가단5147636
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on October 7, 201 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. Party B (A) B is a stock company A (hereinafter “A”) from December 15, 2003 to November 11, 2004.

(2) On September 18, 201, A was declared bankrupt on September 26, 201 by the Incheon District Court No. 2012Hahap9, and the Plaintiff was appointed as a bankruptcy trustee of A on the same day.

B. A’s tort B committed an illegal act against A, while holding office as an executive as seen above in A, committed an illegal act, such as impairing multiple third parties, such as the Mutual Savings Banks Act and the relevant loan regulations, in violation of the Mutual Savings Banks Act and the relevant loan regulations, thereby causing damage of at least eight billion won to A.

C. On October 7, 2011, B entered into a mortgage agreement with the Defendant as to the real estate indicated in the separate sheet (hereinafter “instant real estate”), which is one’s own possession, with the maximum debt amount of KRW 90,00,00,00, and as to the debtor’s punishment C, with the representative director, D (hereinafter “D”), and a mortgage agreement with the debtor as the defendant (hereinafter “mortgage-mortgage agreement”). On the same day, B concluded a mortgage agreement with the Defendant under Article 95841 of the receipt of the Nam-dong Branch Office of Incheon District Court (hereinafter “the registration of creation of mortgage of this case”).

On the other hand, at the time of the contract to establish the right to collateral security of this case, B owns the real estate of this case and the apartment bonds 1, etc. on the land of Songpa-gu Seoul E and F, but the value of the active property is much less than that of A’s damage claim against B, and thus was in excess of the obligation

On July 2, 2012, the Defendant received a voluntary decision to commence the auction of the instant real estate from the Incheon District Court G with regard to the instant real estate based on the foregoing collateral security.

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