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(영문) 대구지방법원 서부지원 2018.08.16 2017가단52570
사해행위취소
Text

1. A contract establishing a right to collateral security concluded on October 12, 2016 between the Defendant and B regarding the real estate stated in the attached list.

Reasons

1. Facts of recognition;

A. On March 16, 2016, the Plaintiff loaned KRW 120,000,000 to B at interest rate of 4.27% per annum (change rate) and at 12% per annum.

B. B did not pay interest on the loan after November 16, 2016, but lost the benefit of March 23, 2017. The interest on the loan as of April 4, 2017 is KRW 123,817,584.

C. On October 12, 2016, B completed the registration of creation of a neighboring mortgage on October 12, 2016, based on a mortgage agreement (hereinafter “mortgage agreement”) concluded on October 12, 2016 with respect to the real estate recorded in the separate sheet (hereinafter “instant real estate”), the only property for the Defendant, the mother of which is the Defendant.

Around the time the instant mortgage contract was concluded, B had a total of at least KRW 500,000,000,000 in Eastern Fire Marine Insurance Co., Ltd., Industrial Bank of Korea, Daegu Bank, Plaintiff and Daegu

On the other hand, the value of the instant real estate as of June 20, 2017 is KRW 233,00,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 9, purport of the whole pleadings

2. The assertion and judgment

A. An act of establishing a right to collateral security in the future of the Defendant, the mother with respect to the instant real estate, the sole property of which judgment B on the cause of the claim exceeds his/her obligation, constitutes a fraudulent act detrimental to general creditors, including the Plaintiff, barring any other special circumstances, and the Defendant’s bad faith, the beneficiary, is presumed.

Therefore, the mortgage contract of this case must be revoked.

(Plaintiffs filed a lawsuit of demurrer against distribution No. 56692 against party members for restitution. (B)

The Defendant’s assertion 1: (a) lent KRW 150,000,000, which was part of the purchase price, to B at the time of purchase of the instant real estate in 2015; (b) leased the instant real estate from B on October 18, 2015, in lieu of the deposit, the Defendant secured the claim to return the deposit.

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