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(영문) 수원지방법원평택지원 2020.09.22 2020가단54256
사해행위취소
Text

Attached Form

With respect to each real property listed in the list:

A. It was concluded on October 4, 2019 between the Defendant and B.

Reasons

1. Facts of recognition;

A. On April 14, 2016, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) with “the amount of 850,000,000 won”, and B obtained a loan from the Industrial Bank of Korea based on the said credit guarantee agreement.

B. B, on August 25, 2019, starting with delay in the payment of interest on loans, and lost the benefit of time. On February 18, 2020, the Plaintiff subrogated the Industrial Bank of Korea for KRW 872,124,691 (= Principal KRW 850,000,000, KRW 22,124,691).

C. As to each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), B entered into a mortgage agreement with the Defendant on October 4, 2019 (hereinafter “mortgage agreement”) with the maximum amount of KRW 130,000,000,00, and on October 7, 2019, the establishment registration of mortgage was completed to the Defendant on October 7, 2019 as Suwon District Court’s registration of the housing site and the receipt of the receipt of the receipt of the notification on October 7, 2019.

B was in excess of the obligation at the time of entering into the instant mortgage contract.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 7, and 8 (including each number if there are separate numbers), the fact inquiry results against the Court Administration Office of this Court, the purport of the whole pleadings

2. Request for the cancellation of registration of the establishment of a neighboring mortgage due to revocation of fraudulent act;

A. (i) The existence of a preserved claim (i) a claim protected by the obligee’s right of revocation needs to be, in principle, arising prior to the commission of an act that can be deemed a fraudulent act. However, there exists a legal relationship that has already been based on which the claim was established at the time of the fraudulent act, and there is high probability as to the fact that the claim is established in the near future because of its legal relationship. In the near future, where the probability is realized and the claim has been established in the near future, the claim may also become a preserved claim

Supreme Court Decision 95Da27905 delivered on November 28, 1995, Supreme Court Decision 95Da27905 delivered on November 28, 199

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