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(영문) 서울동부지방법원 2015.09.08 2014가단109113
사해행위취소
Text

1.(a)

Attached Form

(1) Of real property described in paragraph (1), between Defendant A and C with respect to shares in paragraph (3)/11, 2/11.

Reasons

1. Basic facts

A. On February 27, 1997, the Plaintiff issued a credit guarantee certificate with the principal amount of KRW 100 million, and the term of guarantee as of February 27, 1998, with respect to the loans of KRW 100 million and the discounted bills of KRW 100 million, which the F Co., Ltd. (hereinafter “F Co., Ltd.”) received from the National Bank of Korea (hereinafter “F Co., Ltd.”). The Plaintiff jointly and severally guaranteed the indemnity liability owed by the non-party Co., Ltd. to the Plaintiff pursuant to the credit guarantee agreement.

B. The plaintiff filed a lawsuit against the non-party company, D, E, and C with the Seoul Central District Court 2009Kadan146924, and on September 3, 2009, the above court rendered a favorable judgment against the plaintiff that "the non-party company, non-party company, D, E, and C shall jointly and severally pay to the plaintiff 211,246,37 won and 204,171,187 won as to the 25% per annum from June 8, 1998 to August 31, 1998; 20% per annum from the next day to December 31, 1998; and 18% per annum from the next day to July 22, 2009." The above judgment became final and conclusive at that time.

C. On the other hand, on December 19, 197, C donated 2 through 5 real estate listed in the [Attachment 2 to 5] to G, who was his own her own son on December 19, 197, and on December 31, 1997, C completed the registration of ownership transfer on the land of this case 2 through 5 as 16806 by the Chuncheon District Court Crossing receipt registry office.

G on September 13, 2007, donated the instant land No. 2 through 5 to Defendant B, an ASEAN, and on September 17, 2007, Defendant B completed the registration of ownership transfer on the ground of gift No. 17287 as to the instant land No. 17287.

E. Meanwhile, H died on June 14, 2013 and jointly inherited C’s property, C’s 3/11 shares, D, E, I, and Defendant A shared inheritance at the respective 2/11 shares.

F. H. As of July 12, 2003, the building ledger for the real estate listed in the attached Form 1 (hereinafter “instant building”).

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