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1.(a)
On September 10, 2010, the Defendants and the Bankruptcy Debtor A Co., Ltd. concerning each real estate listed in the separate sheet.
Reasons
1. Basic facts
A. On September 10, 2010, the Defendants concluded each contract to establish a mortgage (hereinafter “instant mortgage contract”) with respect to each of the instant real estate listed in the separate sheet owned by the said joint stock company A (hereinafter “each of the instant real estate”) with the maximum debt amount of KRW 3 billion, and with respect to each of the instant real estate as the Defendants of the right to collateral security (hereinafter “instant mortgage contract”). On September 13, 2010, the Incheon District Court’s Eastcheon Registry received each of the instant real estate from the Incheon District Court’s 40767 (hereinafter “the registration of establishment of each of the instant real estate”).
B. A Co., Ltd. (hereinafter “Bankruptcy Debtor”) was declared bankrupt on November 20, 2012 by the Incheon District Court 2012Hahap7, and the Plaintiff is the bankruptcy trustee of the bankrupt debtor.
【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1-1 through 26, 2-1 and 2-2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment as to the plaintiff
A. The Plaintiff’s assertion 1) The secured claim regarding the establishment of each of the instant mortgages is unclear as to whether the secured claim exists and the amount thereof, and even if the secured claim exists, the instant mortgage contract is governed by the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).
(2) Therefore, the Plaintiff, a bankruptcy trustee of a bankruptcy debtor, denies the instant mortgage contract between the Defendants and the bankruptcy debtor, and thereby seeking the implementation of each of the registration procedures for the establishment of a mortgage in each of the instant case against the Defendants by restitution to its original state. The Plaintiff, as a bankruptcy trustee, seeks the implementation of each of the registration procedures for the establishment of a mortgage in each of the instant case against the Defendants, by providing a security to a specific creditor for a specific creditor, against the offering of a security to another creditor.
B. 1 Determination is that the debtor, who is an act subject to avoidance under Article 391 subparagraph 1 of the Debtor Rehabilitation Act, injures the bankruptcy creditors.