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(영문) 수원지방법원 2018.02.09 2016가합82443

사해행위취소

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement 1) The Plaintiff is Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”).

B. On February 3, 2015, the Non-Party Company is the Bank of Korea (hereinafter “Non-Party Bank”) (hereinafter “Non-Party Bank”).

(2) Of the small and medium enterprise loans received from the non-party bank, the non-party company provided a credit guarantee (guarantee No. C) for KRW 72,250,00,000, among the small and medium enterprise loans received from the non-party bank. On August 3, 2015, the non-party company provided a credit guarantee (Guarantee No. D) for KRW 285,00,000, among the small and medium enterprise loans received from the non-party bank. (2) When the non-party company failed to pay the above small and medium enterprise loans, the cause for loss of interest on April 21, 2016 occurred. Accordingly, on May 13, 2016, the Plaintiff paid the non-party bank a total of KRW 354,971,319,00 (i.e., 68,942,174 won by subrogation on the guarantee of the non-party bank on February 3, 2015.

B. A real estate transfer 1) The non-party company is a real estate listed in paragraph (1) of the attached Table No. 1 owned by the defendant (hereinafter “instant real estate No. 1”).

(2) On March 22, 2016, the registration of transfer of ownership was completed on the ground of the sales contract dated March 21, 2016, the Suwon District Court Seosung registry as the receipt of No. 48145 on March 22, 2016. (2) The non-party company transferred the ownership of each real estate listed in paragraphs 2 and 3 of the attached Table No. 2 and the attached Table No. 3 (hereinafter “instant real estate”) owned by the Defendant on the ground of the sales contract as of March 21, 2016 on the real estate of this case, including the instant real estate No. 1, as of Suwon District Court Seowon District Court Seosung Branch registry as the receipt of No. 48143 on March 22, 2016. The Defendant transferred the ownership of the instant real estate to the trust company on March 22, 2016 on the ground of a trust contract as to the instant real estate No. 2 and 3.

(hereinafter referred to as “instant sales contract”), which was concluded on March 21, 2016, (hereinafter referred to as “instant sales contract”). [The grounds for recognition] is without dispute, and Party A.