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(영문) 인천지방법원 2019.05.15 2018가단244807

사해행위취소

Text

1. As to real estate listed in Attachment 1:

A. The sales contract was concluded on July 13, 2017 between Defendant A and D.

Reasons

1. Determination as to the claim against Defendant A and B

A. Among the grounds for the attachment of the claim, the part corresponding to the above Defendants is indicated.

(b) Judgment based on the recommendation of confession based on the basis of recognition (Article 150 (1) and (3) and Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

A. Facts of recognition 1) The Plaintiff is a stock company E (hereinafter “E”) on June 30, 2017.

(2) On June 20, 2018, the Bank extended a loan of KRW 200,00,000 to be extended from the Industrial Bank of Korea; the guaranteed amount of KRW 200,000,000; and on June 29, 2020, the term of the guaranteed amount of KRW 200,000; however, upon the occurrence of a cause, such as delinquency in payment or subrogation, the Bank shall pay the Plaintiff an advance reimbursement obligation; and D, the representative of the Bank, guaranteed the Plaintiff’s obligation under the aforementioned credit guarantee agreement; 2) The Plaintiff, on January 16, 2018, requested the Industrial Bank of Korea to pay interest on the above loan of KRW 202,651,745 with the principal and interest on the loan of KRW 200,000,00,000,000; on June 20, 2018, the Bank received the payment order of KRW 203,630,714,275.

(C) Around July 1, 2017, D’s respective real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is “each of the instant real estate” and “the instant real estate” pursuant to the separate sheet in accordance with the attached sheet.

(1) On July 13, 2017, Defendant A owned the instant real estate, which was to be sold to Defendant A on July 14, 2017, and on July 14, 2017 following the following day, Defendant A’s transfer registration of ownership (hereinafter referred to as “transfer registration”) was received on July 14, 2017 from the Incheon District Court No. 255209.