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(영문) 부산지방법원 2017.09.15 2016가단306029
사해행위취소
Text

On June 23, 2015, it was concluded between the defendant and the non-party A on each real estate listed in the separate sheet.

Reasons

Facts of recognition

Plaintiff’s claim Nonparty A:

C. hereinafter referred to as “foreign person”).

() On January 28, 2010 and March 31, 2015, the Plaintiff concluded a credit guarantee agreement with the Plaintiff and received loans from a national bank respectively. However, when the Nonparty lost the benefit of August 31, 2015 during the credit guarantee period and thus was unable to repay the loan, the Plaintiff paid the loan amounting to KRW 174,029,97 to the said bank on December 30, 2015. The Nonparty’s real estate disposal and property status of the Nonparty is each real estate listed in the separate sheet (hereinafter “instant real estate”) on June 23, 2015.

A) As to the same day, the mortgage contract (hereinafter “instant contract”) is deemed to be the same day.

(2) As of October 21, 2015, the Plaintiff completed the registration of creation of a mortgage over KRW 40,000 with respect to the instant real property. On October 8, 2015, the Defendant received dividends of KRW 162,892,590 as the mortgagee on April 19, 2016. As of October 21, 2015, the appraisal price of the instant real property was KRW 956,474,300, while the Nonparty’s debt amount was as of June 23, 2015, ① the Nonparty’s debt amount was KRW 697,830,977, ② the Nonparty’s indemnity debt against the Plaintiff with respect to the Plaintiff, KRW 174,029,977, ③ the loan amount was borrowed to the Defendant and KRW 150,000,000, KRW 1500,000, and KRW 1610,015,00.

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