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Reasons
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(영문) 부산고등법원(창원) 2015.01.08 2013나1627
사해행위취소
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1. The part of the judgment of the court of first instance against the defendant E shall be revoked, and the plaintiff corresponding to the revoked part shall be the defendant E.

Reasons

1. Basic facts

A. Upon B’s request, on December 24, 2010, the deceased C borrowed KRW 159 million from the JAF branch of the National Agricultural Cooperative Federation (hereinafter “CF”), and on the same day, the Plaintiff concluded a joint and several contract with the Nonghyup for the said loan obligations, and completed the registration of the establishment of a neighboring mortgage with regard to the size of 2,94m2,768m2, 12154m2 owned by himself/herself as of December 24, 2010 as of the maximum debt amount of KRW 191,154,00,000,000 with the maximum debt amount of KRW 12154 as of December 24, 2010.

B. On April 16, 2012, the Plaintiff prepared a letter with the purport that B will repay the principal of the loan amounting to KRW 159 million to the Plaintiff by May 30, 2012 (hereinafter “instant letter No. 1”). On May 1, 2012, the Plaintiff prepared a letter with the purport that B will repay the principal of the loan amounting to KRW 600,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00).

C. On May 7, 2012, the Plaintiff: (a) took over the Defendant’s debt on the borrowed loan to the NAC; and (b) completed each registration of the modification of the right to collateral security as to May 7, 2012, which was received on the same day as the date of acquisition of the contract on May 7, 2012, changing the obligor of the registration of the establishment of a neighboring mortgage on each of the said real estate from the DoC

On April 24, 2012, the Plaintiff paid the sum of KRW 169,036,414 (i.e., interest of KRW 159,00,036,414, including interest of KRW 159,000,00,000, and interest of KRW 10,000,00,000 among the amounts repaid by May 6, 2012 is below KRW 167,539,30,000,00, and the amount repaid after May 7, 2012 is KRW 167,539,30,303,03.

E. B On April 18, 2012, the Plaintiff under C’s name.

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