Text
1. On November 20, 2017, the Defendant: (a) on the real estate stated in the attached list to the Plaintiff, the Jeonju District Court Branch of the District Court.
Reasons
1. Facts of recognition;
A. On November 17, 2017, A entered into a mortgage agreement with the Defendant, setting up and granting a maximum debt amount of KRW 30 million with respect to the real estate listed in the separate sheet owned by A (hereinafter “instant real estate”) as to the right to collateral security (hereinafter “instant mortgage agreement”) with respect to the real estate as indicated in the separate sheet owned by A (hereinafter “instant real estate”), and completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) as indicated in the order of the Defendant.
B. After that, A filed a petition for bankruptcy with the Changwon District Court 2018Hadan1250 on August 13, 2018:
9. 18. A bankruptcy was declared.
C. The plaintiff is a person appointed as a bankruptcy trustee of A.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings
2. According to the above findings and the determination, the mortgage contract of this case can be seen as a so-called biased act that interferes with equal dividend among bankruptcy creditors by affecting the debtor's property relationship and favorable to a specific bankruptcy creditor in the distribution of dividends. Thus, the above mortgage contract is subject to the avoidance of intention under Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act.
In regard to this, the defendant did not know that at the time of the above mortgage contract, it would prejudice bankruptcy creditors. ② The above mortgage contract was concluded at the level of establishing a security for the total of KRW 35 million, which was extended to A as the loan to use for the purchase fund of the real estate of this case on July 3, 2012 and the additional loan to use for the repayment fund of debts on November 17, 2017, which was concluded at the level of establishing a security for the total of KRW 15 million, which was extended to A as the loan to use for the purchase fund of the real estate of this case on November 17, 2017, and this cannot be an act of harming bankruptcy creditors as a reasonable act of establishing a
As to the defendant's assertion, each statement of evidence Nos. 1, 2 and 2 shall be recognized only.