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(영문) 서울동부지방법원 2015.09.18 2015나21723

사해행위취소

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On July 10, 2008, the Promotion Mutual Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) (hereinafter “Promotion Savings Bank”) set loans KRW 6.5 billion on September 1, 2012 with the due date for reimbursement of KRW 12% per annum, and the delayed interest rate of KRW 2.5% per annum, respectively, to the Promotion Mutual Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) (hereinafter “Promotion Savings Bank”) and jointly and severally set loans KRW 9.1 billion with the guarantee limit of KRW 9.1 billion to the Promotion Savings Bank.

B. Defendant A lent KRW 50 million to C on October 24, 2011, and, in order to secure this, Defendant A completed the registration of the right to claim ownership transfer on October 26, 201, the receipt of the Suwon District Court Anyang Branch Branch Registry No. 36252 on October 26, 201 as to the instant F apartment, which was owned by C, due to the pre-sale agreement as of October 25, 201.

C On December 31, 2014, the transaction value of KRW 22,500,000 is KRW 220,000,000,000, based on the above provisional registration, the registration of ownership transfer was completed due to the sale on December 19, 2014 by the same registry office.

C. On April 24, 2012, Defendant B lent KRW 100 million to C, and to secure this, Defendant B completed the registration of the right to claim transfer of ownership on the G apartment of this case owned by C as the receipt of the competent district court of Daejeon District Court No. 20476, May 3, 2012, the registration of the right to claim transfer on April 24, 2012.

C around October 25, 201, on the other hand, around KRW 3.9 billion (limited to the principal), around KRW 3.9 billion (limited to the debt to the Gyeonggi Savings Bank, KRW 3.9 billion, and KRW 1.2 billion (limited to the debt to the Yongnam Savings Bank) against the Promotion Savings Bank. On the other hand, the active property of this case was the F apartment of this case, the G apartment of this case, the G apartment of this case, the Siljin-si, H, I located, and each co-owned share (no value as the liability property is established) of the miscellaneous land located in JJ at the time of J of J, and was in excess of the debt.

(e).