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(영문) 수원지방법원 2020.10.27 2019가단535699
사해행위취소
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On February 29, 2016, the Plaintiff lent KRW 550,000,000 to C (hereinafter “instant loan”).

B. On October 27, 2015, C entered into a mortgage creation agreement with the Defendant on October 27, 2015 with respect to automobiles listed in the separate sheet (hereinafter “instant automobile”); on the same day, C entered into a mortgage creation agreement on KRW 65,000,000 with the Defendant, and completed a mortgage creation registration with the Defendant as D to receive the viewing of gender.

(hereinafter the above mortgage is referred to as the "mortgage 1 of this case").

C As to the instant automobile, on December 16, 2015, the Defendant entered into a mortgage agreement of KRW 20,000,000 with the bond value of KRW 20,000,00 with the Defendant, and on the same day, the establishment of mortgage was registered to the Defendant E in receipt of the sex viewing.

(hereinafter referred to as the “instant mortgage”) D.

C As to the instant motor vehicle, on December 21, 2016, the Defendant entered into a mortgage agreement of KRW 15,000,000 with the bond value of KRW 15,00,000, and on the same day, the establishment of mortgage was registered to the Defendant as F for viewing of the Commercial Act.

(hereinafter the above mortgage "the third mortgage of this case" and the "each of the mortgage of this case" of this case 1 to 3). 【No dispute exists, Gap's 1 to 3 and 22, Eul's 2, and Eul's 2, the purport of the whole pleadings.

2. The assertion and judgment

A. (1) Whether a preserved claim is established or not. (1) The parties’ assertion (1) at the time of entering into a mortgage contract between the Plaintiff 1 and 2, the legal relationship on real estate development projects conducted by C was established at the time of entering into the mortgage contract between the Plaintiff 1 and 2, and there was a high probability that C would purchase real estate in the near future. In fact, C borrowed money from the Plaintiff and purchased real estate around 2016, the Plaintiff’s loan claim against C is the preserved claim.

(2) At the time of concluding the instant mortgage contract, Defendant 1 and 2, the Plaintiff’s instant loan claim against C was not yet established.

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