(영문) 부산지방법원 2018.08.31 2017가단325676

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(영문) 부산지방법원 2018.08.31 2017가단325676

사해행위취소

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

A. The mortgage contract concluded on June 7, 2017 between the Defendant and C is concluded.

Reasons

1. Basic facts

A. On November 26, 2013, the Plaintiff filed a loan claim lawsuit against C with Busan District Court Decision 2013Da51656, and was sentenced to the judgment in favor of the Plaintiff that “C shall pay to the Plaintiff 7,351,515,146 won and 3,918,000,000 won with interest of 18% per annum from June 15, 2013 to the day of full payment.” The above judgment became final and conclusive on December 17, 2013.

B. On June 7, 2017, C concluded a mortgage agreement of KRW 55,00,000 with respect to the real estate indicated in the separate sheet (hereinafter “instant real estate”) as its sole property (hereinafter “instant real estate”) with the Defendant, who is a child under excess of the obligation, as of June 7, 2017, and concluded a mortgage agreement of KRW 55,00,000 with respect to the said real estate as indicated in the separate sheet (hereinafter “mortgage agreement”). On the same day, C made a registration of creation of a neighboring mortgage (

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. According to the facts of the recognition of the fraudulent act, the mortgage contract of this case is deemed to be fraudulent in relation to the other creditors including the plaintiff, etc., unless there are other special circumstances, as the act of providing the real estate of this case, which is the only property of the debtor, to the defendant, who is not in excess of his/her obligation, as a claim security. The defendant, who is the beneficiary of the fraudulent act of this case, is presumed to be in bad faith.

B. The Defendant’s assertion 1) The Defendant asserted that the instant real estate was established upon C’s request on April 12, 2016 (hereinafter “Nonindicted Company”).

(C) The registration of the establishment of the mortgage of this case, which is the same amount as the secured debt, instead of paying for the secured debt (45,000,000 won for lease on a deposit basis) of the right to lease on a deposit basis and cancelling the registration of the establishment of a lease on a deposit basis

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