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(영문) 광주지방법원 2016.11.15 2016가단12040

사해행위취소

Text

1. With respect to real estate listed in the annex:

A. The Defendant and Nonparty B’s promise to trade concluded on August 1, 2014, and March 6, 2015.

Reasons

1. Basic facts

A. (1) On March 10, 2014, the Plaintiff entered into a guarantee insurance contract with respect to the obligation to pay advance payment of goods supply contract for C/B with respect to the goods delivery contract for C/B, which set the insurance period as KRW 50 million from March 10, 2014 to March 15, 2015.

(2) On March 15, 2015, the Plaintiff paid KRW 27,690,040 as insurance money to the above insured on April 28, 2015, when an insured incident occurred in relation to the above guaranteed insurance contract.

(3) On May 2015, the Plaintiff filed a claim for reimbursement against the insurance money that the Plaintiff paid to the Defendant, and the Plaintiff issued a decision to order the Plaintiff to pay 27,690,040 won and the amount of 6% per annum from April 29, 2015 to the service date of the original copy of the decision on the payment order, and 20% per annum from the next day to the full payment date.

Gwangju District Court

5. On November 1, 2015, 2015, 3016, hereinafter “instant payment order”).

(B) The foregoing decision was finalized on September 8, 2015. (1) B: (a) marriage with the Defendant’s child C on July 21, 2011, but was divorced on December 20, 2013; and (b) the real estate stated in the separate sheet (hereinafter “instant real estate”).

(2) On April 13, 201, on March 13, 2011, the ownership transfer registration under B was completed on March 3, 2011. (2) On September 11, 2012 with respect to the instant real estate during the divorce procedure with B, C completed the provisional disposition of prohibition of disposal based on the decision of 2012 business group298 on September 11, 2012. The registration of provisional disposition was revoked on November 13, 2012 on the ground of revocation on November 8, 2012. (3) On November 5, 2013, 2013, C revoked on the instant real estate on the grounds of provisional attachment and cancellation on November 5, 2013, and completed the registration under the order of 2013 business group30 on November 5, 2013.