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(영문) 대전지방법원 2020.08.13 2019가단125208

사해행위취소 등

Text

The sales contract concluded on June 14, 2019 between the defendant and C shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff Company D (hereinafter “Nonindicted Company”)

) The following contents were concluded with the guarantee insurance contract. C, upon the foregoing guarantee insurance contract, jointly and severally guaranteed the obligation owed by the non-party company to the Plaintiff. After the change, C, after the insurance coverage amounting to KRW 315,254,80,800 for the construction management headquarters of the Daejeon Metropolitan City Construction Management Headquarters for the non-party company insured of the non-party company, Daejeon Metropolitan City, Daejeon Metropolitan City, the insurance policy amounting to KRW 319,561,650, April 28, 2017; the insurance period on April 28, 2017; and thereafter, on December 28, 2018, the Plaintiff paid KRW 18,100 as insurance money to the Daejeon Metropolitan City Construction Management Headquarters on March 29, 2019; and the Plaintiff paid KRW 2,415,960,00 as insurance money on April 16, 2019.

Accordingly, the plaintiff has a claim for reimbursement of the above insurance money against the non-party company and the non-party company and the joint guarantor C.

B. C’s disposal dispositive act 1) On June 14, 2019, C is the real estate indicated in the separate sheet (hereinafter “instant real estate”) to the Defendant.

(2) The sales contract of this case (hereinafter “the sales contract of this case”)

) Accordingly, the Daejeon District Court No. 49030 received on June 18, 2019 (hereinafter “instant transfer registration”) issued on June 18, 2019 (hereinafter “instant transfer registration”).

2) At the time of the instant sales contract, C owned the instant real estate (value of KRW 70,00,00) (value of KRW 352,50,00) as active property (value of KRW 352,50,00) as well as the value of KRW 1/10 (value of KRW 2,040,00) out of No. 1/10 (value of KRW 2,040,00) out of No. 1/10 (value of KRW 2,040,00), and owned the instant real estate (value of KRW 70,000,000) as active property (value of KRW 350,50,000, KRW 350,000, KRW 3500,300,3004,400,400, and KRW 2004,400) as active property (value of KRW 2,000,000).

On the other hand, C is a small property at the time of the instant sales contract, ① a debt to the RA (38,83,798) with respect to the RA, ② a debt to the SA Bank (214,353,422), ③ a debt to the Seo Daejeon (12,59,860).