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(영문) 대구지방법원서부지원 2015.08.13 2014가단23236
사해행위취소
Text

1. The contract to establish a right to collateral security concluded on December 2, 2013 between the defendant and C concerning the real estate stated in the attached list is 70.

Reasons

1. Basic facts

A. On November 26, 2013, the Plaintiff prepared a loan certificate with the content that the Plaintiff would lend KRW 125,000,000 to C and that the Plaintiff would pay at any time at the request of the Plaintiff.

(hereinafter “instant loan”). (b)

C On December 2, 2013, with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), a debtor C, the mortgagee, the Defendant, and the maximum debt amount of KRW 150 million was set up in the future of the Defendant, who is one of his/her own, as to the real estate indicated in the separate sheet (hereinafter “instant real estate”).

(hereinafter “instant collateral security”). C.

C Around the date of establishment of the instant collateral security right, contrary to the fact that there was no separate property other than the instant real estate at the market price of KRW 253,200,00,000, and there was an individual and financial institution’s debt worth approximately KRW 669,640,104 including the instant loan, and was in excess of the debt.

On the other hand, E, a senior mortgagee of the instant right to collateral security, applied for a voluntary auction of real estate to the Daegu District Court Branch D with respect to the instant real estate, and received a voluntary decision to commence the auction from the said court on March 27, 2014.

E. On October 20, 2014, the Plaintiff and F submitted a claim statement jointly at the above auction procedure. The Plaintiff reported the amount of KRW 125,00,000 of the instant loan amount as the amount of claim, and F as the amount of claim, the sum of the principal and interest up to the date of distribution KRW 274,989,040 as the amount of claim.

F. On October 28, 2014, the said distribution court: (a) prepared a distribution schedule with the content that the Plaintiff and F, a mortgagee, jointly received a total of KRW 151,255,214 on the date of distribution of the said auction procedure; and (b) deposited the amount of distribution to the Defendant under the Daegu District Court Branch of the Daegu District Court as KRW 1858, a sum of KRW 91,121,863.

G. On September 25, 2014, the instant real estate was sold to the Plaintiff and F, the highest bidder, at the above auction procedure, and the registration of the establishment of the instant neighboring real estate was revoked.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 6, 8 through 20, 22, 23.

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