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(영문) 창원지방법원 마산지원 2018.07.11 2017가단105886
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on July 19, 2017 between the defendant and B on the real estate stated in the separate sheet between the defendant and B is 42.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against C is 1) The Plaintiff’s claim for reimbursement against D (hereinafter “D”) on January 18, 2012.

) In relation to a loan, a credit guarantee agreement was concluded as of January 12, 2018 with a maturity of KRW 90,000 (hereinafter “instant credit guarantee agreement”) (hereinafter “instant credit guarantee agreement”).

(2) As a credit guarantee accident occurred on August 20, 2017 due to the natural body of C, the Plaintiff subrogated to D on September 18, 2017 for the principal amounting to KRW 85,99,041 (i.e., the principal amounting to KRW 85,00,000,000) with respect to the credit guarantee agreement of this case (i.e., the principal amounting to KRW 99,041). (ii) The Plaintiff received reimbursement from C of KRW 432,210, and then received reimbursement of KRW 432,210, the subrogated amount relating to the credit guarantee agreement of this case is KRW 8

B. On July 19, 2017, the disposal disposition C of the real estate listed in the separate sheet entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the ownership transfer registration (hereinafter “instant transfer registration”) with the Changwon District Court’s Branch Registry No. 14878, Jul. 19, 2017.

C. The market price of the instant real estate and the right to collateral security established at the time of the instant sales contract (hereinafter “instant right to collateral security”) with respect to the instant real estate prior to the conclusion of the instant sales contract, each of the said rights to collateral security (hereinafter “instant right to collateral security”) is deemed to be the debtor C, the mortgagee D, the maximum debt amount of 39 million won, and the debtor C, the mortgagee D, the maximum debt amount of 13 million won

(ii) The remainder of the secured obligation at the time of the cancellation of the instant mortgage was KRW 318,519,909.

At the time of the instant sales contract, C did not have any particular real estate other than the instant real estate at the time of the instant sales contract, while at the time the Plaintiff possessed G vehicles and H vehicles, but did not meet the market price for each of the said vehicles.

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