logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.10.16 2014가단39524
사해행위취소등
Text

1. Contract to establish a mortgage between the Defendant and A on November 7, 2012 regarding the real estate stated in the attached list.

Reasons

Facts of recognition

A. On November 5, 2012, the Plaintiff filed an application for provisional seizure of real estate regarding the real estate indicated in the order (hereinafter “instant real estate”) with the Seoul Central District Court No. 2012Kadan7340, and filed an application for payment order against A as Seoul Central District Court No. 2012 tea81567.

On November 21, 2012, the Seoul Central District Court issued an order to pay the Plaintiff the amount of KRW 335,121,00 and the Plaintiff at a rate of 20% per annum from the day following the service of the payment order to the day of full payment. The above payment order was served to A on January 14, 2013, and became final and conclusive on January 29, 2013.

B. On November 7, 2012, A completed the registration of creation of a collateral in the future of the Defendant on the ground of a contract to establish a collateral on the same day (hereinafter “instant contract to establish a collateral”) with respect to the instant real property, which is one of the only real property, as the maximum debt amount, KRW 139,00,000.

C. A repaid KRW 11,880,000 to the Plaintiff on February 28, 2013.

On September 6, 2013, the Plaintiff and A drafted a debt approval agreement under which A shall pay to the Plaintiff the amount of KRW 335,121,00,00, and the amount of KRW 11,880,000 on February 28, 2013 is KRW 323,241.00, and the due repayment amount is KRW 323,241.00, the time of repayment, loss of the due date, joint and several sureties’s “B,” and “C,” etc.

E. In addition, on September 6, 2013, A, a husband of A, was the agent of A, and the notary public borrowed KRW 323,241,00 from the Plaintiff on November 15, 2012, “A” under Article 763 of A’s 2013 as the agent of A, and the said amount was prepared and executed by the Plaintiff on the following grounds: the last day of September 2013, the last day of February 2013, the last day of February 2014, the last day of February 2014, the last day of December 2014, and December 20, 2014; the interest did not accrue; the debtor has delayed the payment of the amount on three or more occasions; the debtor has lost the benefit of the deadline; and the debtor, A, a joint guarantor, and C, as the debtor, B, and C.

F. On the other hand, regarding the instant real estate, the Gangnam-gu Saemaul Savings Depository, a creditor and a mortgagee.

arrow