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(영문) 인천지방법원 2017.06.07 2016나64220
사해행위취소
Text

1. Revocation of the first instance judgment.

2.(a)

On August 13, 2015, concerning real estate recorded in the attached list between the defendant and B.

Reasons

1. Basic facts

A. The Plaintiff’s loan to B around December 10, 209, the period of loan was set as 158,164,000 won as the part payment loan to B and B, etc., purchased from Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) and Etel located in Yeonsu-gu, Incheon (hereinafter “Etel”), D’s Etel (hereinafter “Etel”) No. 904, Dec. 31, 201.

B did not repay money to the Plaintiff after the lapse of December 31, 201, the expiration date of the lending period, and as of August 13, 2015, KRW 237,687,558 (i.e., the principal of the loan amount of KRW 158,164,00,000 from January 4, 2012 to February 28, 2015 (i.e., interest interest for 70,136,417 won and interest for 14.05% from March 1, 2015 to July 1, 2015) shall be liable for interest for 6,95,532 won and interest for 13.05% from July 2, 2015 to August 13, 2015; and (ii) shall be liable for interest for interest for 13.05% from March 1, 2015 to July 1, 2015.

B around August 13, 2015, B concluded a mortgage agreement with the Defendant regarding the real estate indicated in the separate sheet (hereinafter “instant real estate”) and completed the registration of the Incheon District Court and the registration of the establishment of a mortgage (250,000,000 won, the debtor F, and the mortgagee’s mortgage (hereinafter “the registration of the establishment of a mortgage”) with the maximum debt amount as of September 22, 2015.

C. B Property status of B at the time of entering into a mortgage contract between B and the Defendant is as follows.

In determining whether the real estate of this case falls under a fraudulent act subject to revocation of creditor's equity 1/2, the real estate of this case 30,500,000 (445,000,000-384,00,000) x if the property owned by the debtor is provided as a physical collateral for another creditor's claim, the part provided as a physical collateral cannot be deemed as the debtor's liability property for the debtor's general creditor, and therefore, the other creditor holds the value of the property provided as a physical collateral.

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