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(영문) 울산지방법원 2015.01.15 2014가합3210
사해행위취소청구
Text

1.(a)

D and Defendant B entered into on March 7, 2013 with respect to the real estate listed in paragraph 2 of the Schedule.

Reasons

1. Basic facts

A. On March 2, 2012, the Plaintiff entered into a lease agreement (hereinafter “the lease agreement of this case”) with respect to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant apartment”) with D, which is the deposit money of KRW 150,000,000 and the contract period from March 4, 2012 to March 3, 2014, and paid KRW 150,000,000 to D in accordance with the instant lease agreement.

B. On March 7, 2013, D entered into a mortgage agreement with Defendant B regarding the real estate indicated in paragraph (2) of the attached Table No. D (hereinafter “instant real estate”), which is owned by Defendant B, with the maximum debt amount of KRW 70,00,000,00, and the debtor D and Defendant B, with the content that the mortgage agreement was concluded with Defendant B (hereinafter “instant mortgage agreement”). On March 11, 2013, B concluded the Ulsan District Court’s receipt of the maximum debt amount of KRW 70,00,000,000 (hereinafter “mortgage No. 1”) with Defendant B as of March 11, 2013.

C. On March 7, 2013, D concluded a mortgage agreement with Defendant C regarding the instant real estate with the maximum debt amount of KRW 50,00,00,00, and with the content that the debtor D and the mortgagee C are the Defendant C (hereinafter “instant mortgage agreement”). On March 11, 2013, D concluded a mortgage agreement with Defendant C with the Ulsan District Court as the receipt of KRW 21760,00,000, the maximum debt amount of KRW 50,000,000 (hereinafter “the creation registration of a mortgage for the instant second class class mortgage”).

The details of active property D at the time of the contract for the creation of the first and second class mortgage of this case are as shown in Table 1 below, and the details of small property are as listed in Table 2 below.

If the obligor’s property owned by the obligor amounting to KRW 80,300,000,00 of the instant apartment 410,000,000 is offered as a physical collateral for another obligee’s claim, the portion offered as a physical collateral is the obligor’s liability property for the obligor’s general obligees.

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