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(영문) 제주지방법원 2014.04.18 2013가단32344
사해행위취소
Text

1. It was concluded between Defendant A and Nonparty C on May 13, 2013 regarding the real estate indicated in the separate sheet of real estate.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee contract with Nonparty C as stated in the separate sheet “Conclusion of a credit guarantee contract and the occurrence of preserved claims,” and filed a lawsuit against Nonparty C seeking reimbursement as the Jeju District Court 2013Da3323, Dec. 24, 2013. The judgment of the court below became final and conclusive around December 27, 2013, “The Defendant (C) paid the Plaintiff the amount of KRW 250,390,092 as well as KRW 24,139,397 as to KRW 24,139,39,397 as to KRW 24,222,191,065 as to KRW 12% per annum from August 20, 2013 to October 30, 2013, and KRW 20% per annum from the next day to the day of full payment.”

B. C owned each of the instant real estate listed in the separate list of real estate (hereinafter “each of the instant real estate,” the sequenced by the sequence), but concluded a mortgage agreement with Defendant B on November 7, 2012 with regard to the instant real estate (hereinafter “instant real estate”). On the same day, the establishment registration of a mortgage was completed by Yangsan District Court No. 58458, which was received by Yangsan District Court, and Defendant A entered into a mortgage agreement on May 13, 2013 with respect to each of the instant real estate as the Jeju District Court’s receipt on May 15, 2013 with respect to the instant real estate No. 4133, which was received on May 16, 2013; and the registration of establishment of a mortgage was received on May 345, 2013 with respect to the instant real estate No. 3 or 6 pursuant to the Decree No.2435, May 24, 2013, and received on May 24, 2013.

C. At the time of the establishment of each of the above collective security rights against the Defendants, C was in excess of its obligation, on the contrary to the fact that the Defendants owned only each of the instant real estate with active property, such as bearing a large and large amount of debt or delinquency in the tax offices, etc.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 9 (Additional Number).

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