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1. On October 28, 2013, the Defendant received on real estate stated in the attached list from the Daegu District Court Branch Branch of Pohang Port on the Plaintiff.
Reasons
1. Basic facts
A. On November 14, 2008, the Plaintiff completed the registration of ownership transfer on each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) due to inheritance by agreement and division as of June 6, 2008.
B. As to each of the instant real property, the registration of creation of a mortgage on October 28, 2013 (hereinafter “registration of creation of a mortgage on the instant real property”) was completed on the basis of the maximum debt amount of KRW 200,000,000, the debtor Cream Tech Co., Ltd., and the right to collateral security (hereinafter “registration”).
C. On April 25, 2014, the Credit Guarantee Fund provisionally attached each of the instant real estate by the decision of provisional seizure (2014Kadan50585) by the Busan District Court and completed provisional disposition registration on May 30, 2014.
On June 27, 2014, the Korea Credit Guarantee Fund filed a lawsuit against the Plaintiff, the Plaintiff, and the Defendant (Seoul District Court Decision 2014Gahap46238). The Korea Credit Guarantee Fund claimed payment of the indemnity amount of KRW 687,047,073 as well as damages for delay of KRW 686,270,650 as well as damages for delay against the Plaintiff and the Plaintiff, and filed a claim against the Defendant for the cancellation of the registration of establishment of a collateral security agreement of the instant case on the ground that the said mortgage agreement between the Plaintiff and the Defendant was a fraudulent act.
E. On April 24, 2015, the Korea Credit Guarantee Fund and the Defendant agreed with respect to each of the instant real property as indicated in the following agreements:
(hereinafter referred to as the “instant agreement”). The creditor of the agreement and the Mmmmmhemmmt Defendant are the creditors of the agreement.
A, as a creditor related to the LATTTTTTT, is the Plaintiff of this case.
The real estate in this case is each of the real estate owned (the land/building in South-gu and 10 lots of land outside South-gu at the port of North Korea).
the following shall be agreed upon for implementation of the agreement:
-Provisional attachment and provisional injunction against A-owned real estate (other than 10 lots of land and buildings in Nam-gu, Nam-gu, and 10 lots of land and buildings) shall be taken immediately upon repayment of 150 million won to A-Korea Credit Guarantee Fund debtors.