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(영문) 의정부지방법원 2017.02.15 2016가단117216
사해행위취소
Text

1. As to real estate listed in Attachment 1:

(a) Trade reservation entered into on March 17, 2016 between the Defendant and B, and

Reasons

1. Determination as to the cause of claim

A. Fact 1) Seoul Mutual Savings Bank (hereinafter “Seoul Savings Bank”)

On June 26, 2009, the Seoul Savings Bank changed its trade name to the National Credit Information Company (hereinafter “National Credit Information Company”) on August 18, 2010.

hereinafter referred to as "national credit information"

A) A loan of KRW 4 billion was granted to the Seoul Savings Bank. B jointly and severally guaranteed the above loans to the Defendant’s Seoul Savings Bank. After full principal and interest, part of late payment damages, the amount of joint and several surety claims against the Seoul Savings Bank B was 20% interest per annum from July 15, 2015 to the date of full payment. The above amount of claims became final and conclusive by judgment (Seoul Central District Court 2014Da5249624) as to the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1”) on March 17, 2016 and the registration of ownership transfer was made on March 21, 2016 to the Defendant, and the registration of ownership transfer was received on March 24, 2016 as the first promise to sell and purchase on March 17, 2016, and the registration of ownership transfer was received on March 21, 2015.

B is referred to as "second real estate below the real estate listed in paragraph 2 of the attached list owned by the defendant and B."

On October 27, 2015, the Government District Court entered into a pre-sale agreement on October 27, 2015 and completed the registration of the right to claim ownership transfer on December 14, 2015 as the receipt of No. 30664 on December 14, 2015, which was based on the said pre-sale agreement. (iii) At the time of the disposal of the said insolvent property B, B was in excess of its obligations.

4. The Seoul Savings Bank declared bankrupt and the Seoul Savings Bank appointed as a trustee in bankruptcy on September 26, 2013 was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff is on the same day.

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