logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.11.14 2018나2047722
사해행위취소
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff’s loan account for B is as follows: (a) Q 672 square meters in Yangju-si, which was owned by B around 2014 (hereinafter “instant land”).

3) Each real estate listed in the separate sheet Nos. 1 through 8 (hereinafter “multi-household housing of this case”) on the ground.

(2) On April 16, 2014, the Plaintiff was offered as security the instant land, Yangju-si, R-si, and 315 square meters in total, 38 square meters and S 315 square meters in two weeks (hereinafter “instant joint-mortgage land”). The Plaintiff loaned KRW 226,00,000 to B regarding the instant multi-household housing construction and sales business.

On the same day, the Plaintiff completed the registration of the establishment of a neighboring mortgage of KRW 293,80,000 on the instant land and the joint-mortgage land.

3) The Plaintiff extended additional loans to B, as KRW 195,00,000 on June 12, 2014, KRW 50,000 on April 16, 2015, KRW 100,000 on June 12, 2015, KRW 15,000 on July 29, 2016, and KRW 15,000 on July 29, 2016. The Plaintiff, who was the mortgagee, as the mortgagee, extended additional loans to the Plaintiff for KRW 260,00,000 on June 11, 2014, KRW 65,000 on April 16, 2015, and KRW 130,000 on June 10, 2015, to the effect that each of the instant newly constructed new mortgages was provided to the Plaintiff with the promise to create a new mortgage on each of the instant land at issue.

B) B. The Defendant and B concluded a monetary loan agreement on June 28, 2016, stating that “The Defendant’s loan to B and multi-household housing in the instant case shall be KRW 310,000,000 at the maturity rate of December 27, 2016, and at the annual interest rate of 27.9%.”

2. On June 30, 2016, for multi-household housing in this case, B will be commissioned for the registration of provisional seizure upon application of Z provisional seizure.

arrow