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(영문) 서울중앙지방법원 2014.03.14 2012가단118493

사해행위취소

Text

1. On August 16, 201, between Nonparty B and the Defendant, 1/2 shares of the real estate indicated in the separate sheet was concluded.

Reasons

1. Basic facts

A. (1) The Plaintiff entered into a credit transaction agreement (hereinafter “credit transaction agreement”) with Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”); (1) on June 5, 2007, the credit limit of which was KRW 700,000,000 (hereinafter “the first credit transaction agreement”); (2) on June 16, 2007, the credit transaction agreement (hereinafter “the second credit transaction agreement”); (3) on June 11, 2010, the credit limit of KRW 260,000 (hereinafter “the third credit transaction agreement”); and (4) on June 10, 201, the credit transaction agreement (hereinafter “the third credit transaction agreement”); and (4) on June 10, 201, the credit limit of which was KRW 500,000,000 (hereinafter “credit transaction agreement”).

(2) On the other hand, B, the representative director of the non-party company, was jointly and severally guaranteed the obligation to be borne by the non-party company to the Plaintiff pursuant to the credit transaction agreement.

(3) After that, the non-party company lost the benefit of time, and on April 5, 2012, the principal and interest on the plaintiff's debt based on the credit transaction agreement between the non-party company Nos. 1 through 4,06,279,103 won in total (14,100,367 won in total, 13,125,00 won in principal and interest on the debt under the credit transaction agreement (975,367 won in total, 13,125,00 won in principal and interest on the debt) No. 25,36,454 won in total (20,100,000 won in principal and interest on the debt 20,236,454 won in total) under the credit transaction agreement between the non-party company No. 3 and the non-party company No. 245,957,978,97,537, 533) is the aggregate of the principal and interest on the credit transaction agreement between the spouse No. 151,201,2015

A) A sales contract to purchase KRW 740 million was concluded, and accordingly the registration of ownership transfer was completed in the name of Defendant and B on May 3, 2005. (2) B is a donation contract with the Defendant on August 16, 201 with respect to KRW 1/2 of the instant real estate (hereinafter “instant donation contract”).