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(영문) 청주지방법원 2018.10.19 2018가합4021
부인의 소
Text

1. On July 20, 2016, the Defendant issued a voice registry office with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Grounds for claim;

(a) The following facts may be admitted, either in dispute between the parties or in full view of the purport of the entire pleadings as stated in Gap evidence 1 to 3 (including evidence 1) and Eul evidence 3:

Each part of Eul evidence 2-1 to 4, Eul evidence 4 alone is insufficient to reverse the above recognition, and there is no other counter-proof.

① On November 21, 2014, a factory owned by E was relocated due to a fire that occurred at a factory of A (hereinafter referred to as “A”) located on the ground of the Sound Group D (hereinafter referred to as “A”) in Chungcheongbuk-gun.

On June 19, 2015, E, a victim, filed a lawsuit for damages against A (Cheongju District Court 2015Kahap3426).

(2) On July 20, 2016, A entered into a mortgage contract with the Defendant on each of the real estate listed in the separate sheet (hereinafter “instant real estate”) with the maximum debt amount of KRW 720 million (hereinafter “instant mortgage contract”) and completed the registration of establishment of a neighboring mortgage (hereinafter “instant collateral security contract”) on the same day.

③ From November 21, 2014, the situation where it is difficult to pay interest on loans or operating expenses of a factory due to the failure of the factory from November 21, 2014, A has deteriorated its management status.

④ A filed a petition for bankruptcy on February 17, 2017 (Cheongju District Court 2017Hau 5000) because it was difficult to operate a business more than 2016.

On April 21, 2017, the above court appointed the plaintiff as the trustee in bankruptcy while declaring bankruptcy.

⑤ The mother of G who was the representative of the defendant is the representative of G.

B. (1) Determination is subject to avoidance under Article 391 Subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

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