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(영문) 청주지방법원영동지원 2017.11.03 2017가단116
배당이의 등
Text

1. On March 29, 2016, the Defendant and Nonparty B concluded each of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On April 22, 2015, the Plaintiff entered into a credit guarantee agreement between B and B (hereinafter “instant credit guarantee agreement”) with the name of “D” and the name of “D”, setting the credit guarantee principal of KRW 20,000,000, and the term of the credit guarantee agreement as of April 19, 2016 (hereinafter “instant credit guarantee agreement”).

(2) A) B was loaned KRW 20,000,000 based on the credit guarantee form under the instant credit guarantee agreement by the Nonghyup Bank Co., Ltd. (hereinafter “CF”) on the same day.

(hereinafter “instant loan”). (b)

The Defendant’s establishment of the instant right to collateral security 1) The Youngdong Central Credit Union on November 2, 2015 (hereinafter “each of the instant real estates”) indicated in the separate sheet owned by B between B and B on November 2, 2015.

In relation to B, the debtor entered into a mortgage contract with the maximum debt amount of KRW 45,500,000, and completed the registration of establishment of a mortgage on the same day. (2) The defendant, who is between B and B, was punished, extended 33,890,000 won in total to B over 16 times from November 17, 2011 to April 2, 2016.

3) As between March 29, 2016 and B, the Defendant entered into a mortgage agreement with the debtor regarding each of the instant real estate with the maximum debt amount of KRW 30,00,000 with respect to each of the instant real estate, and completed the registration of creation of a neighboring mortgage on April 7, 2016 (hereinafter “instant mortgage”).

(C) Whether the debtor’s act of disposal of property becomes a fraudulent act at the time of the act of disposal should be determined as at the time of the contract (see, e.g., Supreme Court Decision 2002Da41589, Nov. 8, 2002). As such, in principle, the active property and the value of small property B, which are the premise of determining whether a fraudulent act was committed in the instant case, should be calculated based on the “3.29,” which is the date of the instant contract of collateral security.

However, in the case of active property value, the plaintiff is a real estate owned by B.

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