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(영문) 대구지방법원영덕지원 2020.10.13 2020가단518
사해행위취소
Text

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

A. It was concluded on February 22, 2019 between the Defendant and C.

Reasons

1. Facts of recognition;

A. From July 2016 to April 2019, the Plaintiff joined a fraternity operated by C, and paid C an amount of KRW 51,103,00,00, and C did not pay C an amount of KRW 51,103,00,00, the Plaintiff filed a lawsuit against C with this court seeking payment of the fraternity amounting to KRW 51,103,00,000, and the instant court rendered a favorable judgment on October 1, 2019.

(2019 Ghana1393) b.

On February 22, 2019, the Defendant, having a relationship with C, entered into a mortgage contract (hereinafter “instant contract”) with respect to each of the real estate listed in the separate sheet, which is the only property of C (hereinafter “instant real estate”) as indicated in C, with C, with the maximum debt amount of KRW 120,00,000,000, and completed the registration of establishment of a mortgage (hereinafter “registration of this case”) on the instant real estate from C as the Ulsan District Court’s receipt No. 1814 on February 22, 2019.

C. Meanwhile, on February 22, 2019, C was in excess of its obligation.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including each number for a tentative number), Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. It is reasonable to view that an act of providing real estate, the sole property of which is the debtor, which has already been missing in excess of liabilities, to any one of the creditors, as a claim security, constitutes a fraudulent act subject to creditor's right of revocation in relation to other creditors, barring any special circumstances.

(1) The court below erred by misapprehending the legal principles as to the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract for the establishment of a contract.

In this case, considering the facts of recognition in light of the relevant legal principles, the instant contract providing the Defendant with the instant real estate, which is the sole property of C, which was already missing on February 22, 2019, as a bond security, is different.

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