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(영문) 서울중앙지방법원 2017.03.10 2015가합524751
사해행위취소
Text

1.(a)

On July 15, 2014, the agreement to establish a mortgage between Defendant A and C on the 4,358 square meters of Pyeongtaek-si D.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with E Co., Ltd. (hereinafter “E”) with guarantee number F, amount of security deposit of KRW 1,000,000,000, and period of credit guarantee from October 30, 2009 to April 25, 2014, and C as the representative director, jointly and severally guaranteed the performance of obligations under the said credit guarantee agreement.

E around that time provided the Plaintiff’s credit guarantee agreement as collateral and borrowed KRW 863,156,077 from the Han Bank (hereinafter “One Bank”).

B. Upon the occurrence of a guarantee accident, the Plaintiff’s subrogation and the balance of the claim for reimbursement, due to provisional attachment at the place of business around April 15, 2014, one bank requested the Plaintiff to repay the debt in accordance with the credit guarantee certificate, and the Plaintiff subrogated 863,156,07 won to the Han Bank on May 12, 2014.

Since then, the remaining amount of the Plaintiff’s claim for reimbursement is KRW 576,113,854.

C. On July 15, 2014, C entered into a mortgage agreement with Defendant A on July 15, 2014 with regard to KRW 4,358 square meters, and on the same day, C completed the registration of the maximum debt amount of KRW 450,00,000 for the ground of the said mortgage agreement as the registration of the housing site cost of Suwon District Court and the receipt of the said mortgage agreement under Article 39848. (2) C entered into a mortgage agreement with Defendant B on July 30, 2014 (hereinafter collectively referred to as “each of the instant mortgage agreement” and “the instant mortgage agreement”). On the same day, C completed the registration of the housing site cost of Suwon District Court and the registration of the establishment of a mortgage agreement with Defendant B on KRW 53233,00,00 for the ground of the said mortgage agreement.

On June 20, 2014, the process of dividing the area of 7,151 square meters in Pyeongtaek-si D 7,151 square meters and the security right of 1,351 square meters in Pyeongtaek-si D 4,358 square meters, G large 2,59 square meters, H large 152 square meters, and I large 42 square meters, and each land except D large 4,358 square meters is divided into 4,358 square meters.

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