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(영문) 광주지방법원 2018.07.03 2017가단528979

사해행위취소 등

Text

1.(a)

The 1/4 shares of each of the real estates listed in the attached Form D between Defendant (Appointed Party), Appointed Party B, C and Nonparty D.

Reasons

1. Facts of recognition;

A. On May 21, 2015, the Plaintiff concluded a credit guarantee agreement with the Nonparty Company under the joint and several guarantee of Nonparty D, the representative of Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”)

(Period of Guarantee: From May 21, 2015 to November 18, 2016, the amount guaranteed: 376,00,000 won. The non-party company delayed the interest rate on loans from July 27, 2016 while operating a business with a loan from a financial institution under the above credit guarantee. On August 12, 2016, provisional seizure was processed as a result of the non-performing credit guarantee.

(hereinafter referred to as the “non-performing Credit Guarantee”). (b)

On October 2016, the Plaintiff received an order of payment ordering Nonparty Company and D to pay “378,385,162 won and delay damages for KRW 378,130,090” against Nonparty Company and D.

(Seoul Central District Court 2016 tea42901). (c)

D The title transfer registration was completed on December 24, 2015 on the 3/4 portion of the real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) to the Defendant (Appointed Party), Appointed Party B, and C (hereinafter referred to as “Defendant et al.”) as the Defendant et al. for the title transfer registration was completed on the ground of donation No. 413 on January 8, 2016.

In addition, on September 12, 2016, the registration of transfer of ownership was completed on September 9, 2016 to the appointed party B as the Circuit registry office No. 17482 of the Gwangju District Court received on September 12, 2016 with respect to the remainder of 1/4 of the instant real estate.

The above donations made from December 24, 2015 as follows: “No. 1 donation”; and “No. 2 donation” made from September 9, 2016; and “the sum of the two donations” made from September 24, 2015.

D. D. As of October 2017, 2017, the distribution schedule was formulated, D-owned Seoul Dongdaemun-gu, F-gu, and one parcel G apartment H, I, underground J, and K were sold at a voluntary auction. As of October 2017, D, arising from the Plaintiff’s obligations against the Plaintiff, was liable for KRW 1,379,13,446 to several financial institutions and transaction parties.

On the other hand, the total appraisal of the above G apartment is 1 billion won.