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(영문) 서울중앙지방법원 2012.05.24 2011가합122652
사해행위취소
Text

1.(a)

On June 3, 2010, the mortgage contract concluded on June 3, 2010 with regard to the real estate recorded in the attached list between the defendant and B.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) concluded a credit transaction agreement with the Plaintiff on March 24, 2008 with a credit amount of KRW 400 million, ② a credit transaction agreement with a credit amount of KRW 500 million on July 7, 2008, ③ a credit transaction agreement with a credit amount of KRW 100 million on June 11, 2009, ④ a credit transaction agreement with a credit amount of KRW 150 million on September 24, 2009, ⑤ a credit transaction agreement with a credit amount of KRW 150 million on June 13, 2009, ⑤ a credit transaction agreement with a credit amount of KRW 70 million on June 13, 2009, and C’s representative director, under each of the above credit transaction agreements, was jointly and severally guaranteed by C as to the obligations owed by C to the Plaintiff.

Pursuant to each credit transaction agreement above, C and B's obligation to the plaintiff is the amount equivalent to KRW 823,968,934 and interest for delay.

B. Around August 24, 2009, the Defendant lent KRW 1 billion to B. On June 3, 2010, B concluded a mortgage agreement with the Defendant regarding the real estate listed in the separate sheet, which is the only property owned by the Defendant (hereinafter “instant real estate”), with the maximum debt amount of KRW 800 million, and on the same day, the establishment registration of the neighboring real estate was completed as Seoul Central District Court No. 27657, Jun. 3, 2010.

C. At the time, the instant real estate was leased and used by the Plaintiff (the maximum amount of claims KRW 312,00,000) and the efficiency education for the Plaintiff (hereinafter “efficiency education”) and the Co., Ltd. (hereinafter “efficiency education”). At the time of June 3, 2010, senior collateral mortgage, which was held as a mortgagee, was completed, and the lessee D used the instant real estate in KRW 420,00,000 as the lease deposit.

The registration of establishment of a neighboring mortgage in the name of efficiency education corporation was cancelled on July 6, 2010, and the value of the instant real estate as of June 2010 is KRW 1,275,00,000.

[Reasons for Recognition] A without dispute, Gap evidence 1 through 8, Eul evidence 12, Eul evidence 1-2, Eul evidence 2-1, 2-2, Eul evidence 3-1 through 4, Eul evidence 4-1 through 3, Eul evidence 5-1 through 5, Eul evidence 6.

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