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(영문) 의정부지방법원 2015.11.04 2015가단108383
사해행위취소
Text

1. The defendant is against the plaintiff in the Incheon District Court D and E (Dual) compulsory auction case.

Reasons

1. Basic facts

A. On March 31, 2009, the Plaintiff’s Intervenor entered into a credit guarantee agreement with A, with the credit guarantee principal of KRW 10 million, and the credit guarantee period from March 31, 2009 to March 31, 2014.

B. A submitted a credit guarantee statement issued pursuant to the above credit guarantee agreement to the National Bank, and borrowed a loan of KRW 10 million from the above bank on April 1, 2009, but lost the benefit of time due to the credit guarantee accident.

Accordingly, on December 12, 2012, the Plaintiff’s Intervenor subrogated for KRW 4,257,607 on the loan principal and interest amount to the bank, and recovered KRW 63,120 on the same day.

C. On January 24, 2013, the Plaintiff’s Intervenor filed an order to pay the Plaintiff’s Intervenor KRW 4,194,511 and KRW 4,194,48 of the Plaintiff’s Intervenor from December 12, 2012 to February 18, 2013, and KRW 20% per annum from the next day to the day of full payment. The payment order became final and conclusive on March 5, 2013.

On December 18, 2012, A completed the registration of creation of a collateral (hereinafter “registration of creation of a collateral”) with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on December 17, 2012, based on the maximum debt amount of KRW 45,00,000,000, the debtor A, and the mortgagee A, as the defendant, on December 17, 2012.

E. On October 7, 2013, the Plaintiff’s Intervenor applied for a compulsory auction on each of the instant real estate to the Incheon District Court D (hereinafter “instant auction procedure”) on October 8, 2013, and rendered a judgment of compulsory auction on October 8, 2013. The new card company applied for a compulsory auction on December 16, 2013 and made a judgment of compulsory auction on each of the instant real estate on December 17, 2013.

(f) The auction court was conducted on October 10, 2014.

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