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(영문) 의정부지방법원 2014.10.10 2013가단57900 (1)
사해행위취소 등
Text

1. As to each real estate listed in the separate sheet:

A. A sales contract concluded on November 2, 201 between the Defendant and B is concluded between the Defendant.

Reasons

1. Facts of recognition;

A. On August 28, 2009, the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Nonindicted Bank”) loaned KRW 7 billion to C Co., Ltd. (hereinafter “Nonindicted Company”) at KRW 3 billion. On August 30, 2010, B entered into a collateral guarantee agreement with the Nonparty Bank on August 30, 2010, with the effect that both the Nonindicted Bank and the Nonparty Bank and the Nonparty Bank bear the joint and several liability amounting to KRW 8.82 billion with respect to all the loan obligations owed by the Nonparty Company.

B. From September 29, 2011, the non-party company began to delay the repayment of its loan obligation to the non-party bank, and until now, the non-party company failed to pay the loan principal of KRW 6.3 billion, interest of KRW 3,023,184,844 to the non-party bank. However, the non-party company B has served as the representative director, auditor or director of the non-party company.

C. Meanwhile, around 2011, Nonparty Bank received a bankruptcy decision from the Seoul Central District Court, and the Plaintiff was appointed as the bankruptcy trustee of Nonparty Bank.

B, among the owners of each real estate listed in the separate sheet (hereinafter “instant real estate”), concluded a sales contract for the instant real estate, the only real estate between the Defendant and the Defendant, who was well aware of it on November 2, 201, and completed the registration of ownership transfer with the Seoul Eastern District Court on November 14, 201 (hereinafter “instant sales contract”), and completed the registration of ownership transfer with the Defendant on November 14, 201, as Seoul East Eastern District Court and the receipt of No. 6529 on November 14, 201. At the time, B was in excess of its obligation.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 11, purport of whole pleadings

2. It is difficult for the obligor to sell real estate, which is the sole property, and change it into money which is easily consumed, barring special circumstances, to constitute a fraudulent act, and the obligor’s intent of deception, which is a subjective element of a fraudulent act, knows that the shortage of joint security of claims arises, and thus, to prejudice the obligee.

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