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(영문) 수원지방법원 성남지원 2021.03.04 2019가단219563
배당이의
Text

1. A contract to establish a right to collateral security concluded on December 22, 2017 between the network C and the Defendant regarding the real estate stated in the attached list.

Reasons

1. Basic facts

A. The Plaintiff extended two loans to the network C as follows, and the net C guaranteed the above company’s loan obligation with respect to five loans to the company E, a joint and several obligation with respect to the foregoing company’s loan principal, and the Plaintiff had the net C with a total of KRW 226,16,000 loans or guaranteed obligation with respect to each of the loans, and there was a delay in payment as follows.

F GH I J K L

B. On December 22, 2017, the Deceased entered into a mortgage agreement with the Defendant, a female donor, with the maximum amount of KRW 240,000,000 on the real estate listed in the separate sheet owned by the Deceased (hereinafter “the instant real estate”), and completed the registration of the establishment of the right to collateral security with the Suwon District Court No. 64981 on December 22, 2017.

(c)

At the time of the above mortgage contract, the deceased’s active property was in excess of KRW 491,00,000, while the real property of this case was in excess of active property, such as the Plaintiff’s obligation to demand reimbursement of KRW 440,863,866 against the Gyeonggi Credit Guarantee Foundation, 435,981,29 against an enterprise bank and credit card obligation, and the obligation of KRW 266,45,048 against the Korea Housing Finance Corporation.

(d)

On January 12, 2018, the Deceased died, his spouse and children renounced inheritance, renounced inheritance by the deceased’s mother and the Defendant who is a woman living together, and reported full acceptance on July 12, 2018 by the deceased M, who is the male and female of the deceased, and reported full acceptance on July 12, 2018.

9. 18. The deceased’s property was inherited solely upon the acceptance of the report.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 7, and 8, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the claim for cancellation of an act of deception, the above facts were in excess of a debt.

Unless there are special circumstances, the act of offering real estate, the only property of the deceased, as security, to the defendant constitutes the act of causing death to the creditor including the plaintiff, and the defendant's bad faith is presumed to be a beneficiary.

Therefore, this case.

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