logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원포항지원 2015.07.07 2015가단1831
사해행위취소
Text

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

A. It was concluded on December 13, 201 between the Defendant and B.

Reasons

1. Basic facts

A. Korea Standards Domind Capital Co., Ltd. had been granted a loan to Nonparty B on or before January 201, but the said B failed to repay the loan, the said judgment was finalized on October 3, 2012 by the Seoul Central District Court 2012Gau24538. On August 30, 2012, the said court rendered a judgment that “the Defendant shall pay to the Plaintiff the amount of KRW 20,041,090 and the amount of KRW 17,984,190 calculated annually from January 11, 2012 to the date of full payment.” The said judgment was finalized on October 3, 2012.

B. On August 6, 2013, Korea Standards Dold Capital Co., Ltd. notified the Plaintiff of the assignment of the claim that was the cause of the said judgment, following the assignment of the claim to B, and the said notification reached B around that time.

C. Meanwhile, on December 13, 2011, B concluded a mortgage agreement (hereinafter “instant mortgage agreement”) with the Defendant as to the real estate indicated in the separate sheet (hereinafter “instant real estate”) which is one of the only property under excess of the obligation on December 13, 201, and subsequently concluded a mortgage agreement with the Defendant, in the future, KRW 12,00,000 with the maximum debt amount against the debtor B and the Defendant as the Defendant.

On June 4, 2007, the registration of the establishment of a mortgage on the instant real estate was completed on June 4, 2007, the sum of five claims from November 27, 2011 to March 20, 201, and KRW 44,00,000,000 was completed.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 10, the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the existence of the preserved claim, B and the Defendant alleged as fraudulent act, prior to the instant mortgage contract between B and the Defendant, loans granted by the Korea Standards Dold Dold Dold Dold Dold Dold Dold Co., Ltd., and loans granted to B of the secured claim.

arrow