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(영문) 의정부지방법원고양지원 2016.10.26 2016가합71198
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. The contract to establish a mortgage concluded on February 26, 2015 by Defendant A and E.

Reasons

1. Basic facts

A. On April 8, 2013, the Plaintiff concluded a guarantee and loan transaction agreement (hereinafter “F”) with F Co., Ltd. (hereinafter “F”), and concluded a guarantee and loan transaction agreement (hereinafter “guarantee and loan transaction agreement”) with F Co., Ltd. (hereinafter “F”), and F Co., Ltd. (hereinafter “F”) with F Co., Ltd. (hereinafter “F”), on July 9, 2014, each of which concluded a guarantee and loan transaction agreement (hereinafter “guarantee and loan transaction agreement”) with F Co., Ltd. (hereinafter “F Co., Ltd.), and F Co., Ltd.’s representative director jointly and severally guaranteed the F Co., Ltd’s obligations based on each guarantee and loan transaction agreement of this case.

B. The Plaintiff and F agreed upon each of the instant guarantees and loans transaction agreements, as follows:

Article 11 (Loss of Maturity and Preliminary Reimbursement) (1) When any of the following events occurs, he/she may, without prior notice or peremptory notice, lose the benefit of all obligations, and make an advance indemnity. In such cases, the contractor and the joint guarantor shall, without objection, assume the obligation to repay in advance, and immediately perform the redemption obligation for discount bills:

4. Where the agreed person files an application for disposition of preservation or rehabilitation procedure commencement with the court;

C. On February 26, 2015, as to each real estate listed in the separate sheet of KRW 950,000,000, which is the sole property; on March 2, 2015, as to each real estate listed in the separate sheet of KRW 950,000,000, as to Defendant A and B; on February 1, 2016, Defendant D entered into a separate mortgage agreement with Defendant D; on February 1, 2016, Defendant A entered into a mortgage agreement with Defendant A; (a) the registration of establishment of a neighboring mortgage (the maximum amount of claims KRW 250,00,00,00) listed in Disposition 1-B; (b) the registration of establishment of a neighboring mortgage (the maximum amount of claims KRW 150,00,000) listed in Disposition 1-C with Defendant C; and (c) the registration of creation of a mortgage listed in Disposition 1-D with Defendant D (the maximum amount of claims KRW 500,000,000.

Each of the above contracts establishing a mortgage is collectively referred to as "each of the contracts establishing a mortgage of this case" and each of the above contracts establishing a mortgage of this case.

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