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(영문) 의정부지방법원 2018.08.24 2017가합53637
사해행위취소
Text

1. As to each real estate listed in the Schedule of Attached 1:

A. It was concluded on February 11, 2016 between C and Defendant A.

Reasons

1. Basic facts

A. 1) The Plaintiff’s loan account for C is as follows: (a) The Plaintiff’s loan account is as follows: (b) the E field 649 square meters (hereinafter “instant E”).

3) Each real estate listed in [Attachment 1](1) to (8) on the ground (hereinafter “multi-household housing of this case”)

(2) On April 16, 2015, the Plaintiff received from C the instant land, 38 square meters in Yangju-si, and 315 square meters in G field (hereinafter referred to as “instant joint-mortgage land”), as security, the Plaintiff offered 400,000,000 won to C as well as 315 square meters in G field (hereinafter referred to as “instant joint-mortgage”).

On the same day, the registration of creation of superficies was completed with respect to the land of this case E in the name of the plaintiff, the maximum debt amount of KRW 520,000,000 for the land of this case and the joint collateral.

around that time, the Plaintiff received from C a letter of commitment to the registration of the establishment of additional security rights and a written agreement for the acceptance of the use of superficies to the effect that “multi-household housing to be newly constructed on the land of this case shall complete the registration of the establishment of the first class neighborhood mortgage to the Plaintiff.”

3) On August 3, 2015, the Plaintiff gave additional loans to C in addition to KRW 60,000,000, and on the same day, the registration of establishment of a mortgage was completed over the maximum debt amount of KRW 78,00,000 in the name of the Plaintiff with respect to the instant land and the instant land jointly secured. (B) On February 1, 2016, the registration of establishment of a multi-household for the instant E multi-household as of February 1, 2016 was completed in the name of the Plaintiff.

2) On February 11, 2016, with respect to the instant multi-household housing, C completed the registration of creation of a first-class neighborhood mortgage (hereinafter “instant multi-unit mortgage registration”), each of which was the obligor H, mortgagee A, Defendant A, and the maximum debt amount of KRW 790,000,000, by the Government Registry of the District Court, as of February 11, 2016, with respect to the instant multi-household housing (hereinafter “instant multi-unit mortgage registration”). The instant agreement signed on February 11, 2016, as of the instant multi-household housing (hereinafter “instant multi-unit mortgage agreement”).

(3) On May 18, 2016, C) with respect to multi-household housing in this case.

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