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(영문) 춘천지방법원강릉지원 2017.07.12 2016가단54106

사해행위취소

Text

1. As to the real estate listed in Appendix 1 List 3:

A. It was concluded on April 25, 2016 between C and Defendant B.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff’s Geum River Co., Ltd., Ltd. (hereinafter “Gyeong River”) between Defendant and Defendant C during November 2014.

() As of November 19, 2014, the insurance coverage period of KRW 100,00,000, and the insurance period of November 18, 2015, C concluded a performance guarantee insurance contract to guarantee the price of goods that it is required to pay to the Geum River upon entering into an agency contract with the Geum River (see subparagraph 1-2, e.g., evidence 1-2). (A-2) The Geum River as of January 2015, C was unable to pay the price of goods any longer after delinquency in payment of the price of the goods to the Geum River from January 2015, and the Plaintiff claimed insurance money to the Plaintiff on May 9, 2016, and the Plaintiff paid the insurance amount of KRW 100,000,000 to the Geum River on June 29, 2016.

B. On August 26, 2015, C of the sales contract between the Defendant A sold each real estate listed in [Attachment 1] Nos. 1 and 2 (hereinafter “instant real estate No. 1”) to Defendant A at KRW 120 million (hereinafter “instant first sales contract”) and the Defendant’s third party registration office received on September 2, 2015, the registration of transfer of ownership was completed as KRW 10068.

C. 1) On April 25, 2016, C, a sales contract between C and Defendant B, etc., shall be as follows: (a) on April 25, 2016, real estate listed in [Attachment I] 3 (hereinafter “instant real estate 2”).

2) The sales contract of this case is for 6 million won (hereinafter “the second sales contract of this case”)

(2) Defendant B, on April 28, 2016, filed for the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) pursuant to Article 5829 of the receipt of the Samcheon District Court’s Samcheon District Court’s registration office.

(2) On May 3, 2016, C concluded a mortgage agreement with the Defendant B, the mortgagee B, and the maximum debt amount of KRW 10 million (hereinafter “instant mortgage agreement”) with respect to the real estate listed in [Attachment No. 1] No. 4 (hereinafter “real estate No. 3”) as of May 3, 2016, and Defendant B thereafter entered into a mortgage agreement with the Defendant B, the Samcheon District Court’s receipt No. 6020, May 3, 2016 (hereinafter “instant mortgage agreement”).