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(영문) 서울중앙지방법원 2014.01.16 2013나16151

사해행위취소

Text

1. Revocation of a judgment of the first instance;

2. As to the real estate stated in the separate sheet between the defendant and B, August 18, 2010.

Reasons

1. Facts of recognition;

A. On August 1, 2007, when the Plaintiff (the former mutual name before change: the new securities company) invested KRW 500,000,000 to C Co., Ltd. (hereinafter “C”) and takes over KRW 200,000 as the preferred share of the above company, the representative director B of C guaranteed the Plaintiff’s obligation to return the investment amount when the said investment contract is terminated.

B. On January 30, 2009, the Plaintiff terminated the said investment contract on the ground of the violation of C’s investment agreement, and C has the same year.

6. 25. The Plaintiff agreed to pay the principal and interest of 586,835,810 won to the Plaintiff in installments from August 31, 2009 to March 31, 2010.

C. B borrowed KRW 500,000,000 from the Defendant on April 20, 2010 at interest rate of 10% per annum, and agreed to the Defendant on December 31 of the same year by December 31 of the same year on two occasions.

On April 21, 2010, the defendant paid C KRW 500,000,000 according to the demand of B under the above agreement, and C shall be the same year.

4. 22. The above money was deposited as C’s share payment.

E. Meanwhile, as between the Defendant on April 21, 2010, B and the Defendant, in order to secure the above loan obligation, the Defendant is entitled to the first right to collateral security (hereinafter referred to as the “first right to collateral security”) regarding the instant real estate with a maximum debt amount of KRW 300,00,000.

a contract to establish a section of this year, and as a result, the

4. 22. The registration of the establishment of a neighboring mortgage was completed to the Defendant, but C was the same year.

4. 22. The defendant did not allow the defendant to take over 200,000 common shares, and did not allow the others to acquire the remaining 20,000 shares.

F. As to the instant real estate, the registration of the establishment of the first mortgage was completed prior to the establishment of the mortgage, which was the National Bank Co., Ltd. (hereinafter “National Bank”), the maximum debt amount of 455,000,000,000 won, and the debtor D’s establishment of the mortgage. However, the Defendant was subject to the cancellation of the registration of the establishment of the first mortgage, and the Defendant was intending to complete the registration of the establishment of the first mortgage to the Fe Savings Bank Co., Ltd. (hereinafter “Fe Savings Bank”), at the request of B, to make the registration of the establishment of the first collateral.