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(영문) 서울중앙지방법원 2016.04.15 2013가합562964
사해행위취소
Text

1. C:

A. On May 11, 2011, as to one-half portion of the lands listed in the attached Table 1 among the Defendant A’s land.

Reasons

Facts of recognition

On December 28, 2012, the Gyeonggi Savings Bank Co., Ltd. (hereinafter referred to as the “Game Savings Bank”) was a juristic person established under the Mutual Savings Banks Act, and was declared bankrupt by the Seoul Central District Court as 2013Hahap88 on July 1, 2013.

The plaintiff was appointed as a trustee in bankruptcy of the sports savings bank in the above bankruptcy procedure.

C From September 10, 2007 to October 5, 201, it has been in charge of auditing while serving as full-time audit committee members of the Gyeonggi Savings Bank.

The details of the property disposition against Defendant A received the registration of transfer of ownership as to each one-half share (hereinafter “each share in the land of this case”) from the Daejeon District Court on May 4, 2005 as to the land listed in the separate sheet 1 (hereinafter “instant land”) on May 4, 2005, respectively, due to the sale and purchase on May 30, 2005 and the registration of transfer of ownership as to each share (hereinafter “each share in the instant land”).

On May 30, 2005, the Masan Agricultural Cooperative established the establishment registration of a neighboring establishment with respect to the instant land, including the obligor D, the mortgagee of the right to collateral security, the maximum debt amount, and the maximum debt amount of KRW 210,000,00, under the Act No. 22144, May 30, 2005, which was received on May 30, 2005.

Defendant A purchased each share of the instant land from C on May 11, 2011, as the instant sales contract.

No. 23560 of the same registration and June 17, 2011 received the registration of ownership transfer of each of the above shares.

D On January 18, 2012, Korea Agricultural Cooperative fully repaid the total amount of KRW 150,227,507 of the principal and interest of loans secured by the registration of establishment of neighboring agricultural cooperatives under the name of the Korea Agricultural Cooperative.

In addition, Defendant A completed the registration of the registration of the establishment of a new mortgage on the same day and the registration of the cancellation of the establishment of a new mortgage on January 16, 2012 as the same registration was received on January 16, 2012.

Defendant B, who was the husband of his husband on August 23, 201, is attached to the property disposition of Defendant B.

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