(영문) 전주지방법원군산지원 2020.05.20 2019가단4286

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(영문) 전주지방법원군산지원 2020.05.20 2019가단4286

사해행위취소 등

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1. The contract to establish a right to collateral security concluded on May 9, 2019 between the Defendant and C regarding each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff loaned 150,000,000 won to C with respect to each real estate indicated in the separate list Nos. 1 through 5 of the attached Table C owned by C, around March 27, 2013, after completing the registration of creation of a collateral for the maximum debt amount of 195,00,000 won, and the Plaintiff loaned 26,00,000,000 won to each of the above collateral loans around February 3, 2014 after completing the registration of creation of a collateral for the real estate indicated in the same list No. 6 of the same list No. 39,000,000,000 won around 130,000,000 won around April 3, 2015 (the maximum debt amount of 0,000,0000 won around 10,0000,0000 won around 10,010,005,0000 won around the above collateral loans.

3) As C was unable to repay the principal and interest of this case, the Plaintiff urged C to repay the principal and interest of this case several times from March 2019, and each real estate listed in the separate sheet owned by C (hereinafter “each real estate of this case”) around May 3, 2019.

(B) On May 9, 2019, upon filing an application for provisional attachment, the Plaintiff completed the registration of provisional attachment on May 14, 2019. Meanwhile, around June 2019, the Plaintiff claimed to D organization a security deposit under the said credit guarantee agreement, and received a total of KRW 442,909,010 from among the principal and interest of loan of this case. (B) C and the Defendant subrogated for the establishment of a mortgage between C and the Defendant. On May 9, 2019, the Plaintiff entered into a mortgage agreement with the Defendant with a maximum amount of debt regarding each of the instant real estate at KRW 200,000,000 for each of the instant real estate, prior to the completion of the said provisional attachment registration.

(hereinafter “Creation of the instant mortgage”). 2 At the time of the establishment of the instant mortgage, C is an aggregate of the market prices of 598,711,700, except each of the instant real estate.

유사 판례

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-울산지방법원 2013.12.19 2012가합6635

-인천지방법원 2016.01.22 2014가합13040