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(영문) 광주지방법원 순천지원 2017.02.09 2016가단3472
사해행위취소 등
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On March 9, 2012, Plaintiff AF on March 9, 2012 from March 9, 2012 to March 9, 2015, Plaintiff AF on March 5, 2012, and J 6.5 billion Won, Plaintiff Gwangju Nonghyup 3.9 billion won, on March 9, 2015, performed the following loans to I Co., Ltd. (hereinafter “I”) on March 9, 2012:

(2) At the time of each of the instant loans, the Plaintiffs, at the time of the instant loans, completed the registration of the establishment of a mortgage on 40 parcels of real estate owned by I and two persons, including K, etc. (hereinafter “instant secured land”). The Plaintiffs completed the registration of the establishment of a mortgage on KRW 6.5 billion with respect to each of the maximum debt amount and KRW 5 billion with respect to each of the instant secured land.

B. F’s disposal act (i) On December 13, 2012, F entered into a mortgage agreement with Defendant B, who is the wife, with a maximum amount of KRW 100 million with respect to E forest land E 740 square meters in opticalyang-si, and on the same day, the registration of creation of a mortgage was completed on the same day as Defendant B’s receipt of the Mineyang Branch of Gwangju District Court No. 42576.

She F entered into a mortgage agreement with Defendant C on December 20, 2012 with the maximum debt amount of KRW 300 million with respect to the area of 463 square meters in Mayang-si, Gwangju District Court No. 43220 on the same day.

On March 31, 2014, Defendant D, the Republic of Korea, entered into a gift agreement on the size of 84 square meters of H-ground light assembly type concrete roof single-story housing at Mayangyang-si, and completed the registration of transfer of ownership on April 1, 2014 by Defendant D’s receipt of the Gwangju District Court’s Mayang-dong Branch Office under Article 8540.

(hereinafter referred to as “each of the instant mortgage contract” and “the instant donation contract”). [Grounds for recognition] There is no dispute, entry in Gap’s evidence Nos. 1 through 3, 5, and 6, and the purport of the entire pleadings

2. Judgment on the main defense of this case

A. The Plaintiff is liable property upon entering into a contract establishing each of the instant mortgage and donation between the Defendants.

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