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1.(a)
As of April 10, 2012, each of the 1 and 2 real estate listed in the separate sheet signed between the Defendant and B.
Reasons
1. Basic facts
A. Nonparty C (hereinafter “C”) is a corporation that operates soil construction business, reinforced concrete construction business, etc., and Nonparty B served as a director in-house corporation from May 6, 2009 to February 24, 2012.
B. On May 31, 201, the Pakistan Savings Bank Co., Ltd. (hereinafter “PPS Savings Bank”) established and lent KRW 800,000,000 to C with interest rate of 12% per annum (25% per annum) and the due date of repayment on August 31, 2011. On the same day, B provided a comprehensive collateral guarantee that C shall pay the debt owed to C’s PPS Savings Bank within the scope of KRW 1,040,000,000.
C. On August 31, 2011, the due date for the above borrowed money was extended from August 31, 201 to February 29, 2012, and B jointly and severally guaranteed the above debt.
In October 13, 2014, loans extended to C by the Pacific Savings Bank on the basis of 772,409,092 won of principal and interest or damages for delay remain 1,284,642,850 won of principal and interest or damages for delay.
E. B Concerning each real estate listed in the separate sheet as its owner, the Defendant and the disposition No. 1.
Each contract to establish a mortgage (hereinafter referred to as the “mortgage contract of this case”) such as the statement in the paragraph was concluded, and No. 1-b.
The registration of the establishment of a neighboring mortgage, such as the entry in the port, was completed.
F. On October 30, 2012, the Pakistan Savings Bank was declared bankrupt on October 30, 2012, and the Plaintiff was appointed as a trustee in bankruptcy of the Pakistan Savings Bank on the same day.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3 and 11 (including branch numbers, hereinafter the same shall apply), the purport of the whole pleadings
2. The occurrence of the right to revoke the fraudulent act;
A. A. Around April 10, 2012 and April 20, 2012, which was at the time of entering into the instant mortgage contract, the fact that there was no particular property other than each of the real estate listed in the separate sheet does not conflict with the parties. At the time of entering into the instant mortgage contract, the Plaintiff was already in B.