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(영문) 서울동부지방법원 2020.01.31 2018가단133046

사해행위취소

Text

1. The Defendants and G concluded on July 27, 2018 with respect to 1/2 shares of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff’s claim for the acquisition of the credit against G (right to preservation) 1) H organization (i.e., H organization’s credit business part was separated from December 1, 2016, and I bank was established, and the act of H organization committed before I bank was established in relation to the credit business part was succeeded to I Bank.

hereinafter referred to as “I Bank”);

On October 15, 2010, J and G implemented a loan of KRW 1,305,00,000 as a general loan for business loan. On the same day, J and G held shares of each of 1/2 shares in the Seoul Special Metropolitan City K Apartment Complex (hereinafter “instant commercial building”).

(2) A special purpose company filed an application for voluntary auction (Seoul East District Court P) on the commercial buildings M through N on March 29, 2013 and received dividends of KRW 1,56,956,42,278 out of the total amount of principal and interest on the bonds of this case and KRW 2,286,956,442 out of the total amount of principal and interest on the bonds of this case and KRW 1,546,352,278 in the dividend procedure.

3) After March 28, 2018, a special purpose company transferred the remainder of the loans to J and G to the Plaintiff on March 28, 2018. The Plaintiff filed an application for payment order against J and G on July 13, 2018 for payment of KRW 200,00,000 with some claims out of the total amount of the principal and interest of the bonds acquired as of July 13, 2018, which was KRW 869,734,179, which was the Seoul Central District Court 2018, and the payment order against G was issued on July 25, 2018. The original copy of the payment order for G was served on July 27, 2018, and the decision was made on August 11, 2018.