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(영문) 전주지방법원 2015.07.03 2013가합7249
사해행위취소
Text

1. The plaintiff's lawsuit against the defendant Korean bank is dismissed.

2.Paragraph 1 of the annexed list shall be real estate.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff Company D (hereinafter “D”) on June 29, 2011.

B) As between D and D, the Plaintiff entered into a loan agreement with D to make installment payments of principal and interest in accordance with the repayment date table for repayment of principal and interest during the period of three years after the maturity of two years and the maturity of two years, and thereafter lent the above amount. C at that time jointly and severally guaranteed the Plaintiff’s debt to D within the limit of KRW 360 million. 2) As of September 13, 2012, between D and D, the Plaintiff entered into a loan agreement with D to make installment payments of principal and interest in accordance with D’s repayment date table for two years after the maturity of one year and the maturity of two years, and C loaned the above amount to D’s joint and several liability to the Plaintiff within the limit of KRW 120 million.

3) However, D did not pay interest on the above loan to the Plaintiff on September 6, 2013, thereby losing the benefit of the period. (b) On January 30, 2013, D terminated the registration of transfer of ownership with the Jeonju District Court Kim Jong-dong Office No. 2162, Jan. 30, 2013 as to the real estate (hereinafter “real estate No. 1”) listed in the separate sheet to Defendant A (hereinafter “instant sales contract”) on January 25, 2013.

2) On June 20, 2013, C: (a) on June 20, 2013, Article 2(2) of the Attached List between Defendant B and Defendant B (hereinafter “instant Section 2”).

2) As to the instant sales contract for KRW 35 million (hereinafter “instant second sales contract”)

(3) On June 24, 2013, the former Jeju District Court received No. 46309 on June 25, 2013, and completed the registration of ownership transfer to Defendant B. C is the debtor D, the maximum debt amount of the instant immovable property amount of KRW 20 million, and the mortgagee of the right to collateral security.

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