(영문) 의정부지방법원 2017.03.31 2016나57445

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(영문) 의정부지방법원 2017.03.31 2016나57445

사해행위취소

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1. Revocation of the first instance judgment.

2. The plaintiff's primary claim and the ancillary claim added by this court are all available.

Reasons

1. Basic facts

A. The Plaintiff entered into a guarantee agreement and the Plaintiff’s subrogated repayment 1) between B and B on May 9, 2007, and B (hereinafter “SB life insurance”).

(2) In order to guarantee the payment of principal and interest of mortgage loan, a guarantee insurance contract was concluded between May 7, 2007 and May 7, 2014, with the purchase amount of insurance coverage amounting to KRW 64 million, and the period from May 7, 2007. (2) The Plaintiff paid KRW 64 million to school life insurance on September 26, 2012 due to the occurrence of a guarantee accident, such as principal and arrears.

3) The Plaintiff filed a lawsuit against B seeking the payment of the indemnity amount (Seoul Central District Court 2015Da161184). On November 25, 2015, the Plaintiff was sentenced to the judgment that “B shall pay to the Plaintiff the amount of KRW 65,262,465, and damages for delay for the amount of KRW 64,00,000,000 among them”. The said judgment became final and conclusive around that time. (b) B completed the registration of the establishment of the neighboring mortgage and the additional registration therefor on December 13, 206 on the real estate listed in the separate sheet listed in the Seoul Northern District Court 13064 on December 13, 2006 (hereinafter “instant real estate”).

2) B, on March 22, 2013, regarding the instant real estate on March 22, 2013, the registration of collateral security (hereinafter “the instant registration of collateral security”) in the name of the Defendant was based on the final claim transfer contract under the separate sheet No. 2504, which was received from the Seoul Northern District Court’s Northern District Court, as the grounds for

3) Each of the statements in Gap's Evidence Nos. 1 and 6, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s primary claim B, as the secured claim, lent KRW 61 million to C, and completed the registration of the establishment of the instant mortgage in the name of B on the instant real estate owned by C with the loan claim as the secured claim.

However, B is in excess of the debt, on March 22, 2013.

유사 판례

-서울북부지방법원 2016.03.31 2014가합7463

-서울북부지방법원 2016. 03. 31. 선고 2014가합7463 판결

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-서울북부지방법원 2018.01.16 2017가단130527

-서울북부지방법원 2016.05.13 2015가단134082