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(영문) 춘천지방법원원주지원 2019.06.13 2017가단36955
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. It was concluded on May 1, 2015 between the Defendant and C.

Reasons

1. Facts of recognition as the basis;

A. On December 26, 2012, the Plaintiff’s joint and several guarantee claim 1) payment guarantee insurance contract with the “payment guarantee insurance contract for the return of subsidies for production facilities following the failure to purchase production facilities according to the sales contract for sand plant” (hereinafter “instant guarantee insurance contract”) from December 17, 2012 to December 16, 2015, the insurance period of the Plaintiff is from December 17, 2012 to December 16, 2015.

(2) At the time of the conclusion of the instant guarantee insurance contract, C had joint and several liability (hereinafter “joint and several liability of this case”) to be borne by the KCAD due to the said guarantee insurance contract.

3) On December 17, 2015, E (State) notified the Plaintiff of the occurrence of the insurance accident after the instant guarantee insurance contract, which is the policyholder, and the Plaintiff paid KRW 300,000,000 to E (State) around January 22, 2016. (B) A’s disposal act against the Defendant (hereinafter “instant real estate”) as to the real estate No. 1 as indicated in the attached list (hereinafter “instant real estate”) as to the Defendant’s real estate No. 1 as indicated in the attached list (hereinafter “instant real estate”) around May 1, 2015, upon entering into a mortgage agreement with the Defendant as the debtor C, the maximum debt amount of KRW 50,00,00,000, the registration of the original branch court of Ycheon District and the registration of the establishment of the mortgage on May 4, 2015 to the Defendant as the receipt of No. 26952, May 4, 2015.

2) In addition, C is the real estate No. 2 listed in the separate sheet (hereinafter “real estate No. 2”).

(2) On May 1, 2015, the Defendant entered into a mortgage agreement with the maximum debt amount of KRW C, 30,000,000 with the Defendant, and on the grounds of this, the registration of the establishment of a mortgage was completed on May 4, 2015 (hereinafter the aforementioned paragraphs) and (2) by combining each of the instant mortgage agreement with the Defendant under Articles 15105 of the Daegu District Court’s Seoul District Court’s assistance, etc. (hereinafter the “each of the instant mortgage agreement”).

C. On the other hand, the defendant lent to C on January 2002.

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