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(영문) 광주지방법원 2018.07.13 2017나63459

사해행위취소등

Text

1. The part against Defendant B among the judgment of the court of first instance is revoked, and the plaintiff against Defendant B.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the ground of the judgment of the court of first instance, except where a dismissal is made or a deletion of the reasoning of the judgment of the court of first instance is made as follows.

2. The grounds of the judgment of the court of first instance as to Defendant B’s bona fide defense are as follows.

The second part of this paragraph shall be made in the following manner:

3.(c)

The following facts are recognized in full view of Gap evidence 3, 6, 12 evidence, Eul evidence 1 to 8 (including paper numbers), witness G's testimony, and the purport of the whole argument.

① Around October 2014, Defendant B intended to purchase the first real estate in order to newly construct or relocate a factory because the existing factory at the time of leisure was difficult to perform his/her duties, but he/she was aware that the first real estate was sold, and he/she was consulted at the Gwangju Bank to purchase the first real estate in order to purchase the first real estate as an alternative, and he/she was unable to prepare a purchase fund for the first real estate from a witness G, who is a person in charge of Gwangju Bank, to purchase the first real estate in order to purchase the first real estate at the time.

② Defendant B asked the witness G of the contact point of the Nonparty Company’s representative in order to purchase the first real estate, but did not receive the contact point.

③ On October 13, 2014, Defendant B directly contacted Nonparty Company and entered into a contract to purchase KRW 1.1 billion by combining Nonparty Company’s first real estate and machinery and appliances installed thereon without good offices.

④ Under the above sales contract, KRW 3,00,00 won for down payment is to be paid as of October 13, 2014; the intermediate payment KRW 4,770,000 on October 14, 2014; the remainder KRW 600,000 is to be paid as of October 31, 2014; and the amount of claim 2,10,530,974 of the Credit Guarantee Fund established by a special agreement is to be paid by the buyer; and the purchaser of the bank-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed claims are to be repaid at the time of payment of the remainder;