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(영문) 부산지방법원동부지원 2016.07.20 2015가단215009
사해행위취소
Text

1. The right to collateral security concluded on January 27, 2015 between the Defendant and the Defendant regarding each real estate listed in the separate sheet.

Reasons

Facts of recognition

A. C (hereinafter “Nonindicted Company”) was loaned KRW 110 million from the Bank around August 7, 2007, and KRW 250 million from the Han Bank around April 14, 201.

B. On August 7, 2007, the Plaintiff entered into a credit guarantee agreement with the Defendant to guarantee the Defendant’s obligation to the Defendant’s bank amounting to KRW 93,50,000, and on April 7, 2011, one bank’s obligation to guarantee its obligation amounting to KRW 212,50,000,00. The Plaintiff jointly and severally guaranteed the Defendant’s obligation to guarantee the Plaintiff’s obligation due to the guarantee agreement with the Nonparty Company.

C. Around March 19, 2015, Nonparty Company caused a credit guarantee accident, such as delinquency of principal and interest, etc., the Plaintiff subrogated for KRW 193,337,719 to Han Bank on June 19, 2015.

B On January 27, 2015, with the Defendant, concluded each contract to establish a mortgage (hereinafter “each of the instant mortgage agreements”) with the obligor, the mortgagee, the Defendant, and the maximum debt amount of KRW 380,000,000,000 with respect to each of the instant real estate recorded in the separate sheet (hereinafter “instant real estate”) recorded as his own ownership. On January 27, 2015, Daejeon District Court issued the registration office for the establishment of a mortgage (hereinafter “the establishment of a mortgage of each of the instant real estate”) on January 28, 2015.

E. B is in excess of the obligation as of the date of concluding the instant mortgage contract with the Defendant and the date of closing argument.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 9 and the purport of the whole pleading

A. The right to revoke the establishment of the preserved claim is a system that denies the validity of the act and seeks to maintain the responsible property in cases where the debtor committed an act of decrease in property with the knowledge of the shortage of joint collateral (liability property). The time when the preserved claim is established is, in principle, required to transfer the act. However, the legal relationship that has already been established at the time of the fraudulent act is the basis for establishing the claim.

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