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(영문) 전주지방법원 2017.12.06 2017가단9383
사해행위취소
Text

1. As to each real estate listed in the separate sheet No. 1:

A. B signed on March 7, 2016 with the Defendant.

Reasons

1. Facts of recognition;

A. On November 20, 2014, the Plaintiff entered into a loan agreement with C on November 20, 2014, and B jointly and severally guaranteed the obligation of the said company within the scope of KRW 216,00,000 with respect to the said agreement. According to the said loan agreement, the amount of the loan (limit) is KRW 180,000,000, and the repayment was set to be divided for two years after the grace period for one year.

B. However, the foregoing obligations did not have been repaid, and the total principal and interest thereof reached KRW 144,180,387 as of April 12, 2017.

C. Meanwhile, with respect to each real estate listed in the separate sheet No. 1, in excess of the debt, B completed the registration of establishment of a mortgage with the Defendant on March 7, 2016 and the date of receipt of No. 1838 of March 9, 2016, following the conclusion of the contract to establish a mortgage with the Defendant on March 7, 2016, and with respect to the real estate listed in the separate sheet No. 2, the registration of establishment of a mortgage was completed to the Defendant on March 7, 2016 as the receipt of the Kusan District Court No. 3234 on March 8, 2016.

【Ground for recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1-4 (including virtual number), and the purport of the whole pleadings

2. According to the facts found in the judgment on the cause of the claim, it is reasonable to view that each of the above mortgage agreements constitutes a fraudulent act, and that the debtor Eul, a beneficiary, is presumed to be a bad faith of the defendant. Thus, each of the above mortgage agreements should be revoked as a fraudulent act, and the defendant is obligated to perform the registration procedure for cancellation of each of the above mortgages to restore the original status to the original status.

3. On October 1, 2014, the Defendant’s assertion as to the Defendant’s assertion, and the period of repayment from the Defendant on October 1, 2015, shall be October 2015.

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