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(영문) 창원지방법원 2016.06.30 2015가합33472
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff Co., Ltd. D (former trade name before the modification: E; hereinafter “Nonindicted Company”)

(2) On February 16, 2012 (Extension of February 13, 2015), a credit guarantee agreement between the Industrial Bank of Korea and the Industrial Bank of Korea (the Industrial Bank of Korea) was concluded with the following contents as the table. C jointly guaranteed a repayment obligation to the Plaintiff under the said credit guarantee agreement. On February 19, 2011, the amount of the loan guaranteed on the date of guarantee was changed to KRW 45,00,000 (the amount of KRW 42,50,000) (the extension of the period until February 13, 2015), the Plaintiff provided KRW 50,000,000 to Nonparty 25,00,000 (240,000,000,000,000 won) as the credit guarantee agreement and KRW 30,000,000 (the above credit guarantee agreement was extended to KRW 30,000,000,000).

2) As to the No. 1 of the above table, KRW 124 and KRW 63,270 were generated. (c) On October 15, 2014, C sold the instant real estate to Defendant A (hereinafter “instant sales contract”) and completed the registration of transfer of ownership as to the said real estate on the ground of the said sales contract.

2. On March 13, 2015, Defendant A sold the instant real estate to Defendant B. On the ground of the above sales contract, the Busan District Court’s East Branch of the Dongsan Branch of the Busan District Court No. 21914, Mar. 30, 2015.

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