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(영문) 서울북부지방법원 2019.05.24 2018가단126440
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on April 6, 2017 with regard to the real estate stated in the separate sheet between the defendant and C shall be revoked.

Reasons

1. Basic facts

A. On March 25, 2016, the Plaintiff: (a) repaid 100 million won to E Co., Ltd. as new growth-based funds in installments for two years; and (b) on July 9, 2018, the interest shall be paid in addition to delay damages for all of the principal, interest, and installment payments in cases where repayment is delayed each month in accordance with the repayment schedule of principal and interest pursuant to the repayment schedule; (c) the interest rate shall be 4.25% per annum; and (d) the delay interest rate shall be 120 million won per annum; and (e) C shall be jointly and severally guaranteed at the time of guarantee limit of KRW 120,000,000,000; and (e) thereafter, E Co., Ltd has lost its interest from April 2017 to October 13, 2017; and (e) on July 9, 2018, C Co., Ltd shall be paid in arrears to C Co. 16,14, a joint guarantor.

B. C’s disposal act, etc. of the debtor C is the owner of the real estate indicated in the attached Form (the instant real estate reduction). On July 13, 2017, the defendant, who is an employee of the individual lending company (mutually referred to as “F”), completed the registration of establishment of a mortgage on April 6, 2017 (hereinafter “instant contract”) with respect to the instant real estate, the establishment of a mortgage of KRW 50,000 of the maximum debt amount arising from the agreement on the establishment of a mortgage was completed on April 6, 2017, and the registration of the establishment was completed by reducing the instant mortgage to the “instant mortgage” by the “registration of establishment of a mortgage” as the “registration of creation of a mortgage,” respectively. (2) The plaintiff applied for a provisional disposition of prohibition of disposal of the said real estate due to the revocation of a fraudulent act against the defendant as the right to be preserved by the Seoul Northern District Court of Seoul Northern District Court (2017Kadan22079).

C. The Seoul Northern District Court D with respect to the instant real estate by the Korea Credit Guarantee Fund for Compulsory Auction on the instant real estate.

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