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(영문) 청주지방법원 2016.02.03 2015가합21568
사해행위취소
Text

1. Each of the plaintiffs' claims for cancellation of the right to collateral security registration against Defendant Jae-gu Loan Co., Ltd. and C, respectively.

Reasons

1. Basic facts

A. From February 2014 to May 28, 2014, Plaintiff A determined and lent KRW 44,100,000 to E as a sum after the maturity date.

(hereinafter “instant loan 1”). (b)

Plaintiff

B Lending KRW 234,00,000 in total to E from February 25, 2014 to June 2014 (hereinafter “the instant loan”) and received from E a certified promissory note of KRW 251,50,000 as security on June 27, 2014.

Plaintiff

B on December 5, 2014, the Plaintiff transferred KRW 61,500,000 out of the instant loans to the Plaintiff.

C. E performed the construction of each real estate (hereinafter “instant building”) listed in the separate sheet (hereinafter “instant construction”). On July 18, 2014 with respect to the instant building, E completed the registration of provisional disposition entrustment pursuant to the provisional disposition order (No. 2014Kadan1043) on the application of G on the land outside the F of the Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and two parcels. On July 21, 2014, E made ex officio registration of preservation of ownership (hereinafter “registration of preservation of ownership”) on the instant building.

E With respect to the instant building under excess of the debt on July 21, 2014, due to the mortgage creation contract (hereinafter “the first collateral creation contract”) dated 21, 2014, the maximum debt amount is KRW 300,000,000, and the debtor is determined as E and the establishment registration of collateral creation (hereinafter “the first collateral security contract”) for the instant building (hereinafter “the second collateral security contract”), and the Defendant C as of July 21, 2014, the maximum debt amount is KRW 225,00,000,000 for the establishment of collateral security contract (hereinafter “the second collateral security contract”); and the establishment of collateral security contract (hereinafter “the second collateral security contract”); Defendant D as the debtor; and Defendant D as of July 21, 2014, the establishment of collateral security contract of this case; and Defendant D as of July 21, 2014.

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