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(영문) 대구지방법원서부지원 2015.04.02 2014가단1953
사해행위취소
Text

1. As to the area of 2,446 square meters prior to the Gu, Si, Gu, Si, Do:

A. The contract to establish a mortgage between Defendant A and E on November 12, 2013.

Reasons

1. Basic facts

A. On February 25, 2005, the Plaintiff entered into a credit guarantee agreement between E and E on February 24, 2006, setting the credit guarantee principal of KRW 93,500,000, and the guarantee term of KRW 93,500.2) E obtained a loan from a national bank on February 28, 2005 as a letter of guarantee issued by the Plaintiff under the said credit guarantee agreement.

3) However, on March 2, 2007, E lost the benefit of time due to bad credit standing, and thereafter did not repay the principal and interest of the loan. 4) The Plaintiff, as a guarantor, subrogated to the National Bank on March 29, 2007, the principal and interest of the loan amounting to KRW 88,934,486.

B. On June 30, 2006, before a credit guarantee accident occurred, E is entitled to the instant real estate (hereinafter “instant real estate”) 2,446 square meters prior to Si/Gu-si on June 30, 2006.

(2) On June 29, 2006, the Plaintiff filed a lawsuit for the claim for reimbursement, etc. (Seoul District Court Decision 2007Gahap8055, Daegu High Court 2008Na9724, the Daegu High Court 2008Na9724, the first instance court 2009) to cancel the registration of establishment and the registration of transfer of ownership on the real estate of this case on December 26, 2006, and completed the registration of transfer of ownership in G (E's wife) on the ground of the F (E's 6th degree type) due to the contract to establish a collateral security (E's 6th degree type). The judgment was finalized on July 11, 2009.

3) However, on April 28, 2010, the above E completed the registration of establishment of a mortgage in the near future F on the ground of a mortgage contract dated April 27, 2010 as to the instant real estate, and on April 30, 2010, he completed the registration of establishment of a mortgage in the future of Defendant C, which was the child of April 30, 201 on the instant real estate, due to a gift contract dated April 30, 2010.

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