logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.07.10 2013가단34645 (1)
사해행위취소 등
Text

1. Defendant B shall pay to the Plaintiff KRW 97,00,000 as well as 20% per annum from October 11, 2013 to the date of full payment.

Reasons

1. Basic facts

A. On June 3, 2003, Defendant B completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

B. On January 25, 2010, Defendant C completed the registration of the establishment of a neighboring mortgage amount of KRW 39,000,000 with respect to the instant real estate.

C. On March 11, 2013, Defendant B, F, and G: (a) a notary public drafted and issued to the Plaintiff a notarial deed of promissory notes worth KRW 97,000,000 at par value (hereinafter “notarial deed of promissory notes in this case”). D.

On June 19, 2013, Defendant C completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) on the ground of a contract to establish a collateral (hereinafter “mortgage”) with a maximum maximum debt amount of KRW 100 million regarding the instant real estate.

E. On June 14, 2013, upon the application of the National Bank of Korea, Co., Ltd. which created the first priority collateral security regarding the instant real estate, a voluntary decision to commence the auction was rendered to D on June 14, 2013. Upon the Plaintiff’s application, a decision to commence compulsory auction was rendered to the same court E on August 8, 2013, and the auction procedure (hereinafter referred to as “instant auction procedure”).

F. In the instant auction procedure, the auction court opened a date of distribution on April 11, 2014, and distributes 39,000,000 won to Defendant C regarding the right to collateral security of KRW 39,00,000 with the maximum debt amount, and prepared a distribution schedule that distributes 33,452,394 won with respect to the right to collateral security of KRW 100,000 with the maximum debt amount. The Plaintiff raised an objection against the dividend amount of KRW 3,452,394 on the said date of distribution.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

2. Claim against the defendant B

A. The Plaintiff’s assertion by the parties is that Defendant B’s husband F prepared the instant promissory note on behalf of the Plaintiff, and Defendant B is the Plaintiff.

arrow