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(영문) 광주지방법원 목포지원 2018.11.14 2017가단53980
사해행위취소
Text

1.(a)

On October 9, 2012, the defendant and the non-party B entered into a mortgage claim on the attached list.

Reasons

1. Basic facts

A. On December 29, 2014, the Plaintiff (B) obtained the Plaintiff’s claim for the loan from Nonparty 2, EFI Savings Bank B on March 30, 2010, and filed a lawsuit against B on the claim for the loan amount of KRW 191,264,519 from Seoul Central District Court and KRW 100,141,878 from September 23, 2015 to September 30, 2015; KRW 20% per annum from 20% per annum from the next day to the date of complete payment; KRW 15% per annum from the next day to the date of complete payment; KRW 20% per annum from the Seoul Central District Court Decision 208Da1681, Dec. 24, 2015 to the date of complete payment; and KRW 208,000 from the next day to the date of complete payment; and the above judgment became final and conclusive by the Korea Asset Management Corporation No. 365, Jun. 1, 20197.

B. B’s transfer of the right to collateral security (hereinafter “each of the instant real property”) to secure a loan claim amounting to KRW 40,000,000 against C, as indicated in the separate sheet owned by Nonparty D (hereinafter “each of the instant real property”).

(2) As to the registration of the establishment of a collateral security right, the Plaintiff completed the registration of the establishment of a collateral security right as the maximum debt amount of KRW 45,000,000 with the maximum debt amount of KRW 45,00,000,00 with respect to May 28, 2009, and the obligor C and the mortgagee B (hereinafter referred to as the “mortgage B’s collateral security right”).

(2) On October 9, 2012, B entered into a contract with the Defendant for the transfer of the instant claim with respect to the instant real estate (hereinafter “instant transfer of claim”) and received on October 31, 2012 from the Defendant as to each of the instant real estate.

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