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(영문) 수원지방법원 평택지원 2018.11.08 2018가합314
사해행위취소
Text

1. The plaintiff succeeding intervenor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. The Industrial Bank of Korea granted C loans of KRW 80 million on Nov. 7, 2008, KRW 80 million on Mar. 26, 2009, and KRW 319 million on Apr. 5, 2010 (hereinafter “the instant loan claim”). During that process, the Industrial Bank of Korea completed the registration of the establishment of each of the maximum debt amount of KRW 768 million on Nov. 7, 2008, KRW 190 million on Apr. 5, 2010, and KRW 3284,00 (hereinafter “the instant real property”).

B. On May 31, 2016, the registration of creation of a neighboring mortgage mentioned in the above paragraph (a) was transferred to the name of a limited-liability company specializing in the 201st century on the grounds of each finalized credit transfer, and was transferred to the Plaintiff (Withdrawal) in the name of the Plaintiff (the Plaintiff).

C. On January 25, 2017, C completed the registration of creation of a collateral (hereinafter “registration of creation of a collateral”) consisting of KRW 1028,00,000,000, which is the mortgagee of the mortgage and the maximum debt amount of KRW 700,000,000, on the ground of the agreement to establish a collateral security (hereinafter “instant agreement”).

On May 30, 2018, the Plaintiff’s succeeding intervenor, after the instant lawsuit was filed, succeeded to KRW 144,314,789, out of the interest claim of the instant loan claim against the Plaintiff (ex officio) against the Plaintiff C, and the Plaintiff (ex officio) retired from the instant lawsuit with the Defendant’s consent on August 9, 2018.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s Intervenor’s assertion delay the repayment of the instant loan claims, and around March 6, 2018, the sum of the principal and interest of the instant loan claims became KRW 1,103,114,789, and on the other hand, the sum of the maximum debt amount of the Plaintiff (Withdrawal)’s claim regarding the instant real estate is KRW 958,80,000,000,000.

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