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(영문) 창원지방법원 2015.05.19 2013가단75673

사해행위취소

Text

1. A sales contract concluded on May 26, 2012 between the Defendant and Nonparty B on the real estate stated in the separate sheet.

Reasons

1. Facts of recognition;

A. On December 24, 2010, the Pakistan Savings Bank Co., Ltd. (hereinafter “SPS Savings Bank”) loaned a loan of KRW 1.9 billion to Tae Tae Heavy Industries Co., Ltd., Ltd., and Nonparty B guaranteed this. On July 7, 2011, the Pakistan Savings Bank loaned KRW 450 million to Nonparty D with a loan of KRW 450 million to Nonparty D within the limit of KRW 585,00,00 for the above D’s obligations, and separately, the Pakistan Savings Bank loaned KRW 100,000 to B on July 6, 2011.

B. On February 21, 2008, B acquired the ownership of the real estate listed in the separate sheet (hereinafter “instant real estate”) through a successful bid during the compulsory auction procedure, and sold the instant real estate to the Defendant, who is the birthe, around May 26, 2012, and around that time, the Defendant completed the registration of ownership transfer under the name of the Defendant.

C. However, in preparing a sales contract for the sale and purchase of the instant real estate, B and the Defendant agreed to pay the sales price of KRW 45 million at the same time as the contract is concluded, and the intermediate payment of KRW 12.67 million is paid at the same time, and the intermediate payment of KRW 1.2.67 million is paid on May 26, 2012, and the remainder of KRW 10 million (in the case of succession to loans), on May 29, 2012, however, the sales price was not paid.

B around May 26, 2012, there were the following active properties:

In the value list of real estate: E-750§³ 33,400,000, reflecting the Plaintiff’s assertion 2 Gwangju-gun, 3,612§³ (512/3612), 16,70,000, referring to the transaction value of 3 Chang-si, Chang-si, 3 Chang-si, 165§³ 7,425.00, 3,150,000 H 529 square meters, 156,64,60, 60, 60, 60, 60, 60, 60, 60, 154, 154,70, 154,270, 274, 707, 270, 7000, 165, 278, 208, 360, 208, 206, 365,208, 708,206,200.