logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2019.11.27 2019가단33155
사해행위취소
Text

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

A. The contract to establish a mortgage concluded on April 17, 2019 between the Defendant and C.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, 3, and 4; and (c) evidence Nos. 3-1, 2, and 3; and (c) the purport of the entire pleadings.

On October 31, 2014, the Plaintiff received a loan certificate from C to repay KRW 100,000,000 among them. As C did not repay it, the Plaintiff filed a lawsuit against C for a loan claim under the Daegu District Court Kimcheon-ro 2018Kadan35765, and on April 16, 2019, “the Defendant (C)” from the above court was sentenced to the judgment that “The Plaintiff shall pay the Plaintiff the amount of KRW 100,000,000 and the amount of KRW 15% per annum from December 12, 2018 to the day of full payment.”

The above judgment became final and conclusive on May 3, 2019.

B. Meanwhile, by January 5, 2015, the Defendant paid C KRW 200,000,000 to C. On the other hand, around January 5, 2015, C prepared a certificate of loan with the intent to repay the said KRW 200,000,000 to the Defendant up to June 30, 2015, and C completed the registration of the establishment of a mortgage over the amount of KRW 200,000,000 with the obligor and the Defendant as the mortgagee, with regard to the Gu-U.S.D. 4596,00 square meters (hereinafter “instant land”).

C. The registration of ownership transfer was completed on May 25, 1994 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) on April 15, 1994 by reason of sale as of April 15, 1994, C, and C, above (b).

On April 17, 2019, a certificate of loan was prepared and delivered to the Defendant to pay KRW 30,000,000,000 to the Defendant by December 31, 2020 due to nonperformance of the amount set forth in paragraph (1) and entered into a mortgage contract with C as a mortgagee and the Defendant with the maximum debt amount of KRW 30,00,000 (hereinafter “instant contract”). On the same day, the Suwon District Court received Ansan Branch Branch support as to the instant real estate under the name of the Defendant.

arrow