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(영문) 전주지방법원 2016.01.13 2014가합7789

사해행위취소

Text

1. The purchase and sale reservation entered into on November 1, 2013 with respect to each real estate listed in the separate sheet between the defendant and the non-party B, and on November 2014.

Reasons

1. Facts of recognition;

A. (1) On December 6, 1996, the Plaintiff entered into a credit guarantee agreement with C under the joint and several guarantee agreement with C, and guaranteed the obligation to pay principal and interest on C’s net livestock industry cooperatives. (2) The Plaintiff did not repay the above obligation to pay principal and interest, and on September 18, 2001, paid KRW 92,516,575 as the performance of the above obligation to the net livestock industry cooperatives, and acquired the right to indemnity against B by paying KRW 92,516,575 as the performance of the above obligation to pay the principal and interest, and thereafter, on October 28, 2013, the Plaintiff filed a lawsuit against B claiming the amount of indemnity against the Jeonju District Court Decision 2013Hun-Ga6672, Feb. 13, 2014, “B” was determined in favor of the Plaintiff at the rate of KRW 265,303,426 won and KRW 92,516,575 won, which was paid in full at the judgment below.

B. B’s disposal dispositive act 1) On November 1, 2013, 2013, the real estate listed in the separate sheet No. 1 (hereinafter “instant land”). The real estate listed in the separate sheet No. 2 in the separate sheet No. 1 (hereinafter “instant building”) refers to “the instant building,” and the total of the instant land and buildings is “each of the instant real estate”.

(2) As to each purchase and sale reservation between the Defendant and the Defendant (hereinafter referred to as “each reservation of this case”).

A) Upon entering into a contract with the Defendant, each of the provisional registrations of the right to claim ownership transfer (hereinafter referred to as “provisional registration of the right to claim ownership transfer of this case”) No. 102020 on November 19, 2013.

(2) On September 18, 2014, B concluded a sales contract for each of the instant real estate (hereinafter “each of the instant sales contracts”) with the Defendant, and completed each of the instant transfer registrations (hereinafter “each of the instant transfer registrations”) against the Defendant on September 29, 2014, which was accepted on September 29, 2014 by the Jeonju District Court’s indictment on September 29, 2014.

C. The active property B owned at the time of each reservation to sell and purchase each of the instant products.