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(영문) 서울중앙지방법원 2016.06.29 2014가합589379

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) The bankrupt corporation A (hereinafter “Bankruptcy”)

A) The bankrupt is a company established under the Mutual Savings Banks Act for the purpose of receiving deposits and installment savings, lending funds, and discounting bills. On June 24, 201, the bankrupt was declared bankrupt by the Seoul Central District Court 201Hau72, and the Plaintiff was appointed as the bankruptcy trustee on the same day. (ii) C was a director of the bankrupt from October 9, 201 to November 30, 2004, and a managing director of the bankrupt from July 31, 2005 to March 31, 2009, and the Defendant is the wife of D, a South-North Korea.

B. C and the Defendant’s sales contract 1) C are real estate listed in the separate sheet on December 7, 2010 (hereinafter “instant real estate”).

2) The sales contract for the purchase price of KRW 500,000,000 to the Defendant (hereinafter “instant sales contract”).

(2) On October 13, 2010, the establishment registration of the instant real estate was completed on October 13, 2010, with respect to the instant real estate under the name of the Defendant, as the Dongcheon Registry of Incheon District Court received on December 13, 2010. (2) The establishment registration of the instant real estate was completed on October 13, 2010, which was the date of the instant sales contract. However, the establishment registration of the instant real estate was revoked on December 13, 2010, which was the date of the instant sales contract.

(c) One bankrupt in a criminal case involving C related to the bankrupt was ordered to suspend his/her business on January 14, 201, and from February 7, 2011 to the same year;

7. By the end of 29.2, the Mutual Savings Banks Act and the regulations on standard loans of mutual savings banks were violated to investigate whether illegal or unjust loans and their related persons are liable for insolvency.

As a result of the above study, loans deemed to fall under poor and unfair loans were found.

2C was investigated by the prosecution on April 14, 201 with respect to such insolvent loans, etc. < Amended by Act No. 10583, Apr. 14, 2011>