(영문) 청주지방법원 2020.05.22 2018가단34094

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(영문) 청주지방법원 2020.05.22 2018가단34094

사해행위취소

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1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 28, 2015, F Co., Ltd. (hereinafter “F”) filed a lawsuit claiming a loan against D Co., Ltd. (hereinafter “Non-Party Company”) and E, etc. at this Court 2015Gahap22127, and withdrawn it on November 12, 2016.

B. Around July 2016, the Plaintiff, the representative director of the F, who was the above lawsuit, was prepared with a loan certificate (Evidence 1) in which KRW 100 million was repaid in installments from August 2016 to December 2016 under the joint and several guarantee of the non-party company, and on October 6, 2016, the Plaintiff was drafted with a written agreement (Evidence 2) that was repaid in installments in KRW 20,000 on the last day of each month from November 30, 2016 to March 30, 2017.

Therefore, the Plaintiff jointly acquired the claim of KRW 100 million against Nonparty Company E (hereinafter “the claim of this case”).

C. The real estate listed in the separate sheet No. 1 (hereinafter collectively referred to as the “real estate of this case”) is owned by the non-party company, and the real estate listed in the separate sheet No. 2 ( collectively referred to as the “real estate of this case”) is owned by the non-party company, and the non-party company entered into a mortgage agreement with the Defendants on December 22, 2016 with respect to the real estate of this case on December 22, 2016. The Defendants entered into a mortgage agreement with the Cheongju District Court on December 28, 2016, with the registration of Cheongju District Court and the registration of 157210,000 won on December 28, 2016, and E entered into a mortgage agreement with the non-party company on December 22, 2016, with the Defendants on December 22, 2016. The Defendants completed the mortgage registration with the registration of Cheongju District Court as the maximum debt amount received on December 28, 2016.

(hereinafter) Each of the above mortgages contract on real estate 1 and 2 is a contract establishing the mortgage of this case, and each of the mortgages of this case is a registration establishing the mortgage of this case).

The non-party company and E shall be the same.

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