logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.08.22 2012가단138343
사해행위취소
Text

1. The contract concluded on September 1, 2010 with regard to the 15,074 square meters of forest land in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and the right to collateral security concluded between the Defendant and B.

Reasons

1. Facts of recognition;

A. (1) The same year as the time for payment due on February 25, 2009 by the Komato Savings Bank Co., Ltd. (hereinafter the non-party bank) to D on February 25, 2009

9. 25. Along with interest rate of 13% per annum, a loan of 2.2 billion won (hereinafter referred to as the “loan”) was granted, and at that time, D’s representative director was a joint and several surety for D’s loan obligations against D’s bank.

(2) In accordance with Article 14(2) of the Act on the Structural Improvement of the Financial Industry and Article 24(2) of the Mutual Savings Banks Act on December 28, 201, the Financial Services Commission rendered a decision to revoke the business license and to transfer the contract to the non-party bank, the Plaintiff acquired the above loan claim against D from the non-party bank on January 2, 2012, and the same month:

3. The above fact of acquisition of bonds was publicly announced.

B. On September 1, 2010, B entered into a mortgage contract (hereinafter “mortgage contract”) and superficies contract with the Defendant, setting the maximum debt amount of KRW 90,00,000,00 with respect to the forest land C, 15,074 square meters, which is one of its own property (hereinafter “the forest of this case”) as the Defendant’s sole property, as the obligor E, and then completed the registration of the establishment of a neighboring superficies and the creation of superficies on behalf of the Defendant pursuant to Articles 18820 and 1821 of the Cheongju District Court receipt No. 18820 and 18821.

C. Following the public sale of the instant forest, the Korea Asset Management Corporation conducted a public sale procedure for the instant forest (hereinafter “instant public sale procedure”) upon the request of the Seocho Tax Office following the public sale of the instant forest: (a) prepared a distribution statement on October 16, 2012, allocating KRW 55,628,320 to the Defendant, a mortgagee, who is the right to collateral security, to the Defendant.

B’s financial status is the excess of the obligation from the time of establishing the mortgage of this case to the present.

[Reasons for recognition] Gap's evidence 1, 2, Gap's evidence 2, 6, 7, 9, Gap's evidence 1, 3-1, 6, and 6, and the fact-finding results for the Minister of Land, Transport and Maritime Affairs.

arrow