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(영문) 수원지방법원성남지원 2020.02.20 2019가단211842

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. On December 28, 1997, the Plaintiff entered into a guarantee insurance contract under which the obligation to pay credit goods under the transaction agreement between E and E was guaranteed between E and the insured FF, the insurance amount of KRW 30,000,000, and the content of the guarantee. C guaranteed the obligation to pay credit goods to the Plaintiff under the above guarantee insurance contract against E on the same day.

B. When F Co., Ltd. was unable to receive the price of goods from E, it claimed for the payment of insurance money to the Plaintiff, and the Plaintiff paid KRW 30,000,000 insurance money to F Co., Ltd. on January 26, 2006.

C. The Plaintiff filed a lawsuit for reimbursement reimbursement against E and C with the Seoul Central District Court 2006da111873, which became final and conclusive on November 29, 2006. The amount of the Plaintiff’s claim against C pursuant to the above judgment is KRW 83,804,00 as of May 14, 2019.

C A. On August 3, 2015, G Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of real estate sale business and purchased KRW 11,50,000,00 of the purchase price of KRW 165,00,00,00 among the 9494,00,000,000. On the 21st of the same month, among the above forest land, 132 square meters is determined as the purchase price of KRW 9,20,00,00, and on March 28, 2016, the registration of ownership transfer is completed as prescribed in Article 15928, with respect to the shares of KRW 297/94 (hereinafter “instant real estate”).

E. On March 28, 2016, C completed the provisional registration of the right to claim ownership transfer (hereinafter “instant provisional registration”) under Article 15929 of the receipt of the same registry office on the ground of a purchase and sale promise (hereinafter “instant purchase promise”) on March 21, 2016, which is the only property of the Defendant. On April 19, 2019, C completed the principal registration based on the said provisional registration (hereinafter “instant sales contract”) on the ground of a sales contract dated April 6, 2019 (hereinafter “instant sales contract”).