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(영문) 청주지방법원 2015.02.05 2014가단156828
사해행위취소
Text

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

A. Defendant A shall receive June 8, 201 from the Cheongju District Court.

Reasons

1. Basic facts

A. The Plaintiff’s claim against C (1) The National Bank extended a loan of KRW 150 million on March 31, 2009 to D Co., Ltd. (hereinafter “Nonindicted Company”); and KRW 150 million on June 30, 2009; and C, the representative director of the Nonparty Company, jointly and severally guaranteed each of the above loans.

(2) On December 16, 2011, the National Bank transferred each of the above loans to the 13rd securitization specialized company at our interest, and notified the non-party company thereof on December 18, 201. On February 18, 2014, the said limited company transferred the above loans to the Plaintiff and notified the non-party company thereof on March 14, 201.

(3) As of March 14, 2014, the remaining principal of each of the above loans is KRW 266,158,891 in total.

B. From May 1, 201, C’s establishment registration and insolvency (1) of each of the instant loans, Nonparty Company was in arrears with respect to each of the instant loans. On June 8, 2011, C completed the registration of creation of each of the instant loans (hereinafter “registration of creation of each of the instant loans”) around KRW 100 million with respect to each of the instant real estates listed in the separate sheet (hereinafter “instant real estates”) to the Defendants on June 7, 201.

(2) The instant real estate is the sole property of C, and C bears obligations over the value of the said real estate, and is in excess of obligations.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. (1) The registration of the establishment of each of the instant mortgages by the Plaintiff is the registration of the invalidity of the cause of completion without the secured claim.

Even if there were claims secured by Defendant A with respect to Defendant A, the above claims secured by the above Defendant were extinguished by receiving an order of all of the claims against C’s third obligor with regard to the execution claims.

Therefore, the registration of establishment of a mortgage of each of the above regions must be cancelled because the secured debt is nonexistent.

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