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(영문) 수원지방법원 2017.10.11 2017가단515622
사해행위취소
Text

1. B’s contract to establish a mortgage concluded on November 5, 2015 with the Defendant on real estate stated in the attached list shall be revoked.

Reasons

1. Evidence No. 1, A2, A3-1, 2, A4 through A8, A9-1 through 3, B-4, and the fact-finding results and the purport of the whole pleadings to the Bank of Korea;

A. The Plaintiff’s claim for indemnity against C includes 39,075,177 won for indemnity and 39,075,062 won for indemnity against C, 12% per annum from December 3, 2014 to May 12, 2015, 20% per annum from the next day to September 30, 2015, and 15% per annum from the next day to the date of full payment.

(Macheon District Court 2015Kadan208909). (b)

C) On October 9, 2009, C concluded a mortgage agreement with the Industrial Bank of Korea and the maximum debt amount of KRW 110 million, the debtor C, and the Industrial Bank of Korea on October 9, 2009, with respect to each of the above real estate, with respect to 66/30 of the ownership shares in the possession of 55.44m2 of the above ground 5.44m2 and 300m2 of the ownership of 30m2 of the 300m2 of the 193m2 on the ground of sale and purchase on July 16, 2008.

3) On April 1, 2014, F and C agreed that “C shall establish a collateral security right with a maximum debt of KRW 150 million as collateral, KRW 50 million, KRW 530 square meters, KRW 55.44 square meters on the above ground, KRW 55.44 square meters on the above ground, and KRW 150 million on May 30, 2014, where F shall not be repaid by May 30, 2014, KRW 150 million on any act and shall not raise an objection.” Accordingly, C and the above real estate entered into a collateral security agreement with the debtor C and F to establish a collateral security right on KRW 150 million, KRW 150 million on the above real estate, and completed the registration of the establishment of a collateral security right on KRW 360,000,000 on April 1, 2014, E.36,000 square meters on the road under the name of F on April 1, 2014.

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