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(영문) 의정부지방법원고양지원 2017.08.25 2016가단75155

사해행위취소

Text

1. The sales contract concluded on March 6, 2014 with respect to the real estate listed in the separate sheet between C and D is KRW 45,26,87.

Reasons

1. Basic facts

A. On March 25, 2013, the Plaintiff concluded a performance guarantee insurance contract with the non-party company, the insured company F, the insurance amount of KRW 77,700,000, and the insurance period from March 28, 2013 to March 27, 2016, with respect to the obligation to be borne by the non-party company in connection with a lease agreement with F.

The non-party company entered into a lease agreement with F Co., Ltd. on the security of the above guarantee insurance.

B. At the time of the above performance guarantee insurance contract, C jointly and severally guaranteed all obligations under the performance guarantee insurance contract to be borne by A within the scope of KRW 98,410,000.

C. From December 29, 2013, Nonparty Company delayed the payment of sirens to F Co., Ltd. from around December 29, 2013. On June 16, 2014, the Plaintiff received a claim for insurance money from F Co., Ltd., the insured, and paid KRW 60,884,785 to F Co., Ltd. on July 22, 2014.

C entered into a sales contract with D on March 6, 2014, with regard to each real estate listed in the table Nos. 1 through 5 below, which is the sole property, with D on March 6, 2014, the purchase price of which is KRW 714,00,00. The registration of ownership transfer was completed with D on March 7, 2014. The maximum debt amount of the right to collateral security established on each of the said real estate, and the secured debt amount at the time of

The maximum debt amount (won) at the time of cancellation of the maximum debt amount (won), 121,20,200, 114, 911, 219, 116, 000 on March 7, 2014, 19, 200 119, 319, 316, 300 26.53 square meters of a single-story house 90.53 square meters of 26.4 square meters of a block structure, 20.4 square meters of 30.4 square meters of a 205 square meters of a 16.295 square meters of a 1 Gyeonggi-gun-gun, G, 3938m2, 305,4403 J. 36, 206, 304, 306, 306, 164, 306, 3064, 206, 364, 2015 square meters