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(영문) 전주지방법원 2020.01.22 2018가단23522
사해행위취소
Text

1. As to KRW 44,341,451 and KRW 43,545,931 among the Plaintiff, Defendant A shall be from April 20, 2017 to November 20, 2018.

Reasons

1. As to the claim against the defendant A

(a) Indication of claims: as shown in the Appendix [Grounds for Claim];

(b) Grounds for recognition: Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. As to the claim against the defendant B

A. The Plaintiff’s credit guarantee and the current status of real estate registration with respect to Defendant A, and the conclusion and subrogation of a credit guarantee agreement between the Plaintiff and the Defendant are as shown in the attached Form (Grounds for Claim).

On the other hand, on November 7, 2016, Defendant A completed the registration of ownership transfer claim on November 7, 2016 as to each of the real estate listed in the separate sheet (hereinafter “instant real estate”), which is the only property owned by Defendant A, on November 7, 2016, and on May 16, 2017, Defendant A completed the registration of ownership transfer based on the said provisional registration on April 2, 2017.

At the time of the provisional registration of the right to claim a transfer of ownership, the registration of the establishment of a mortgage under the name of C Union, which was the 1,740,000,000 of the maximum debt amount, on October 19, 2015, was completed on October 22, 2015 under the name of D, which was the 270,000,000 maximum debt amount, and the registration of the establishment of a mortgage under the title of E, which was the 200,000,000 maximum debt amount, respectively, and the registration of the establishment of a neighboring mortgage on December 29, 2015 was revoked on November 8, 2016.

After that, according to D and C’s application, voluntary auction procedure was initiated and conducted as double auction procedure. D claimed KRW 270,054,794, and C Union claimed KRW 1,445,74,035, respectively.

The market price of the instant real estate is KRW 2,695,974,60 as of January 31, 2019, and the Plaintiff’s claim for indemnity against Defendant A is KRW 57,469,655 as of October 11, 2019.

[Reasons for Recognition] Judgment of Confession (Article 208 (3) 2 of the Civil Procedure Act)

B. In light of the debts and property status of Defendant A, etc. recognized as above, the instant real estate, the only property of Defendant A, is the right to claim ownership transfer in the future of Defendant B, and its principal registration.

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