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(영문) 서울고등법원 2018.09.19 2018나2012535
사해행위취소
Text

1. Upon the request of this court for a change in exchange, the Defendants are listed in the separate sheet of real estate attached to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around 2012, the Plaintiff: (a) allowed H to sell each real estate listed in the separate real estate list (hereinafter “instant real estate”) or provide the instant real estate as security to utilize it as business funds; and (b) around March 2014, H delegated F with the authority to arrange sale of the instant real estate and arrange loan loans.

B. However, on April 18, 2014, F borrowed KRW 50 million from I, without obtaining a separate permission from the Plaintiff or H, and used a certificate of personal seal impression, etc. issued from H with respect to the instant real estate, and thereafter, F transferred the right to collateral to I on the same day after completing the establishment registration of a neighboring mortgage, which became the debtor, the debtor, the Plaintiff, and the mortgagee F. On the same day. On May 15, 2014, F directly borrowed KRW 300 million from J and completed the establishment registration of a neighboring mortgage in the name of the Plaintiff with respect to the instant real estate by means of a certificate of personal seal impression, etc. in the name of the Plaintiff.

C. Upon finding out the aforementioned facts, the Plaintiff and the Plaintiff agreed to the effect that “F, in addition, arrange for a loan of KRW 3 billion from the next day to obtain a maximum debt amount of KRW 8 billion in the F with respect to the instant real estate in the F’s name, and at the same time, would cancel the registration of creation of a mortgage and the registration of creation of a mortgage with the maximum debt of KRW 8 billion in the above eight billion.”

With F on November 4, 2014, the Plaintiff entered into a mortgage agreement with F as the maximum debt amount of KRW 8 billion, G, and mortgagee F with respect to the instant real estate. On the same day, the Plaintiff completed the registration of creation of a mortgage in F name as Seoul Central District Court No. 254147, Nov. 4, 2014.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”). E.

The reason is that the registration of the establishment of the neighboring mortgage of this case was transferred as of March 24, 2017 by the Agricultural Association Corporation No. 56248, Mar. 29, 2017.

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