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(영문) 광주지방법원 2015.06.23 2014가단4786
사해행위취소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) on January 7, 2015, with respect to Ulsan-gun, Ulsan-gun, one hundred and ninety-eight square meters prior to Ulsan-gun, Ulsan-gun.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as a result of the fact inquiry to the Ulsan-gun Office in Ulsan Metropolitan City, Ulsan-do.

On July 5, 2001, the Ulsan PSI credit union loaned 500,000,000 won to natural farming associations, and B guaranteed the above loan obligations.

B. The Ulsan PSI credit union was declared bankrupt on March 26, 2004 by the Ulsan District Court.

C. On April 5, 2007, the bankrupt bankruptcy trustee of the Ulsan Pungsan Preferred Credit Cooperatives filed a lawsuit against natural farming associations and B, etc. for the claim for loans, etc., and on April 5, 2007, the above court rendered a judgment that "natural farming associations and B, etc. shall jointly and severally pay to the above bankruptcy trustee 943,623,708 won and 248,815,489 won with interest calculated at the rate of 60% per annum from June 20, 2006 to the day of full payment," and the above judgment became final and conclusive around that time.

On September 23, 2013, the Plaintiff acquired the above credit against B on September 23, 2013, and notified B of the transfer upon delegation by the transferor around October 8, 2013.

E. B does not have any particular property currently owned in its own name, and bears obligations exceeding 20 billion won, including those against the Plaintiff.

F. On August 23, 2012, the Defendant, the wife B, completed the registration of ownership transfer on the ground of sale (39,000,000 won) on the 20th day of the same month with respect to the Ulsan-gun, Ulsan-gun, Ulsan-gun, which was owned by D (hereinafter “instant real estate”).

2. Determination

A. (1) The summary of the Plaintiff’s claim B is as follows: (a) the Defendant’s purchase of the instant real estate at the time of the purchase by the Defendant; and (b) the Defendant’s purchase of the instant real estate at the time of the purchase by the Defendant; and (c) the same year.

8. Each donation of KRW 33,00,000 has been made to the Defendant under the condition that B is insolvent in excess of debt.

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