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(영문) 수원지방법원 2016.10.21 2015가단58378
사해행위취소 등
Text

Of the instant lawsuit, the part of the conjunctive claim against Defendant C is dismissed.

The plaintiff's claim against defendant A and the defendant.

Reasons

1. Basic facts

A. After the death of Defendant A as D’s father E, Defendant A inherited 6/40 shares of each of the real estate listed in the separate sheet (hereinafter “instant real estate shares”) after consultation on division of inherited property, etc.

B. As to each of the instant real estate shares, Defendant A completed the provisional registration of the claim for ownership transfer registration on June 11, 2012, the receipt of No. 82119, which was made on June 12, 2012, to Defendant C with respect to the shares of each of the instant real estate.

C. From December 9, 2012 to June 2013, F loaned money to B several times, and B borrowed KRW 40,000,000 from F to June 17, 2013, F made an agreement stipulating that “The interest shall be set at 5% per month, and the interest shall be paid on the 15th day of each month.”

F demanded B to provide a security for the above loan obligation.

Therefore, F, on the ground that G is in form a creditor’s name, borrowed KRW 30,00,00 from G to June 2013, F, with interest rate of KRW 2.5% per annum and interest rate of KRW 36% per annum, and Defendant A prepared “the certificate of rent” with the purport that “the registration of creation of a mortgage over the share of each real estate of this case shall be completed with respect to the maximum debt amount of KRW 60,00,000,000” and B affixed a seal on the certificate of rent as the qualification of the joint and several surety for the above loan debt and the qualification of the legal representative of Defendant A.

In addition, F made up a promissory note with par value of KRW 60,000,000, and the payee G, issuer B, and F, and B affixed their seals on the said promissory note.

E.B also guarantees that, in the capacity of Defendant A’s legal representative, “F” is the ownership of each of the instant real estate shares, and A agrees to provide each of the instant real estate shares as collateral for the debtor F, and that creditors G are jointly and severally liable for performance of the principal, interest, and all other claims, including the loan of KRW 30,000,000,00, and the said Promissory Notes, within the limit of the maximum debt amount.

Each of the instant cases.

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