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(영문) 전주지방법원정읍지원 2015.05.12 2014가단4505

사해행위취소

Text

1. The sales contract concluded between the Defendant and B on September 24, 2013 with respect to each real estate listed in the separate sheet is 30,92.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement between B and B as listed in the following table:

(hereinafter “each credit guarantee agreement of this case”). The guarantee period of the guaranteed principal on April 16, 2012, KRW 17,000,000 from April 16, 2012 to April 16, 2014, KRW 9 million on August 22, 2013, KRW 200,000 to August 22, 2013.

B Pursuant to each credit guarantee agreement in the instant case, each of the loans was granted from the Sub-Gun Branch of the Nonghyup Bank on April 16, 2012 and KRW 10 million on August 22, 2013 and KRW 20 million on August 22, 2013.

C. B subsequently lost the benefit of each of the above loans, and on May 29, 2014, the Plaintiff subrogated each of the loans amounting to KRW 17,644,685 (net 1), and KRW 9,703,604 (net 2) to the subordinate branch of the Nonghyup-gun branch of the Nonghyup Bank.

The Plaintiff filed for a payment order against B with the Jeonju District Court Decision 2014Ra438, which stated that “B shall pay the Plaintiff 27,416,725 won and the amount of KRW 27,341,928 calculated by the rate of 12% per annum from June 5, 2014 to the date of full payment” was finalized.

E. B on September 24, 2013, sold each real estate listed in the separate sheet to the Defendant (hereinafter collectively referred to as “each of the instant real estate” and “instant sales contract”), and the Defendant completed the registration of ownership transfer on September 25, 2013 upon the instant sales contract.

F. At the time of the instant sales contract, B had positive property, small property, etc. as follows, and was in excess of liability.

Preliminary Property No. 1,860 33,66,00 2, 275 38,220,000 3buan-gun E-gun E site No. 500,200 20,000 1,860 1,860 33,666,000 m20,000 m20 m20,000 m2

4 House E E, in the same auction case, 99.3.61,770,820, non-productiond building 9.75.24