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(영문) 울산지방법원 2021.01.21 2020가단109730
사해행위취소
Text

Attached Form

With respect to real property listed in the list:

A. The contract to establish a mortgage concluded on July 1, 2019 between the Defendant and B.

Reasons

1. Basic facts

A. The Plaintiff operated a mutual business entity called “C”

B After entering into a credit guarantee agreement with B as described below, B issued a credit guarantee agreement to B, and B received a loan from D and Industrial Bank of Korea under the Plaintiff’s credit guarantee agreement as described below.

(2) On June 21, 2013, Jun. 21, 2013, the credit institution of the loan subject under the guarantee number guarantee (won) No. 1 E 170,00,000,000 on the guarantee date of guarantee date, and on July 26, 2017, the Bank of Korea No. 453,550,000 from the D Bank No. 420, Jun. 21, 2017.

B. On August 26, 2019, B delayed the repayment of the above loan principle, and there was an accident of credit guarantee around August 26, 2019. The Plaintiff subrogated to D and B’s loans to D and Industrial Bank of Korea as stated below upon the claim for performance of guaranteed obligations by D and Industrial Bank of Korea.

The details of claims for reimbursement against the Plaintiff against B are as follows.

The particulars of subrogation repayment are as follows: (a) the sum of the amount of the original indemnity (won) of the date of repayment by subrogation of the No. 130,260,309 1,792,792, 832, 132,053,1412 F, November 21, 2019, 48,450,000 926,016 49,376,016, 010, 178,710, 3092,718, 8481, 429, 429, 429, 157, 200 on November 21, 2019

C. B completed the registration of ownership transfer on December 31, 2013 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B, on December 31, 2013, after completing the registration of mortgage creation amounting to KRW 220 million with respect to the instant real estate by G Union, obtained a loan from the said Union after completing the registration of mortgage creation amounting to KRW 220 million with respect to the instant real estate. As of July 1, 2019, the amount of debt to the said Union is KRW 198 million.

B On July 1, 2019, the contract to establish a mortgage on the same day (hereinafter referred to as “instant contract”).

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