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1. A contract establishing a right to collateral security between the Defendant and B on October 29, 2015, which was concluded regarding real estate recorded in the separate list.
Reasons
Basic Facts
On October 10, 2012, the Plaintiff loaned KRW 450,000,00 to a limited company C (hereinafter “non-party company”) (hereinafter “non-party company”). On the same day, the Plaintiff loaned KRW 450,000,000 to the non-party company (hereinafter “non-party company”) and on November 14, 2012, loaned KRW 10,000,000 to the non-party company (hereinafter “third loan”).
B guaranteed the first loan to the plaintiff of the non-party company within the limit of KRW 53,280,000, and guaranteed the second loan within the limit of KRW 585,00,000, and guaranteed the third loan within the limit of KRW 130,000.
As of December 23, 2015, the principal and interest of the first loan was 455,316,650 won, the second loan was 460,676,199 won, and the third loan was 36,000,000 won.
B is the owner of the instant real estate, and on October 29, 2015, the Seoul Southern District Court received a registry office of Yeongdeungpo-gu District Court on October 29, 2015, set up a maximum debt amount of KRW 92,00,000, and a collateral security as the debtor B.
[Ground of recognition] In the absence of dispute, the plaintiff alleged that the plaintiff committed a fraudulent act of reducing the joint security of general creditors by establishing a collateral security to the defendant with respect to the real estate of this case under the condition that B is in excess of the debt, as to the entries in Gap's evidence Nos. 1 through 4 (including each number), and the purport of the whole pleadings, and sought the cancellation of the above collateral security contract and the cancellation of the registration procedure for cancellation of the registration of the establishment
In addition to the fact-finding results with Gap evidence Nos. 5-1, 2, 1-2, and 1-1, the Court Administration Office, the Ministry of Land, Infrastructure and Transport, the Dongjak-do Office, and the Seocho Agricultural Cooperative, the entire purport of the pleadings in addition to the fact-finding results with respect to Gap's evidence Nos. 5-1, 2, and 1-1, 2, and 2,498,480 won was delinquent as of October 29, 2015, and as of October 29, 2015.