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(영문) 수원지방법원 안양지원 2017.03.31 2016가합102202
사해행위취소
Text

1. As to each real estate listed in the separate sheet No. 1

A. The reservation to trade between C and the Defendant A on September 17, 2015 is made.

Reasons

1. Facts of recognition;

A. On June 26, 2014, the Plaintiff entered into a credit guarantee agreement with D Co., Ltd. (hereinafter “D”) with a guarantee number E, 270,000,000,000, and the guarantee period from June 26, 2014 to June 25, 2015 (Extension to June 24, 2016), and C as a representative director, jointly and severally guaranteed the performance of obligations under the said credit guarantee agreement.

D around that time, D offered the Plaintiff’s credit guarantee agreement as collateral and received a loan of KRW 300,000,000 from the Industrial Bank of Korea.

B. D’s default on October 2015, and a guarantee accident occurred. As such, the Plaintiff subrogated for KRW 273,263,922 on April 28, 2016.

C. On September 17, 2015, C completed the registration of transfer of ownership with respect to each real estate listed in the separate sheet No. 66764 of the Daejeon District Court’s Busan District Court’s ASEAN Branch’s receipt of the ASEAN Branch’s 61731 on the ground of trade reservation on the same day. On October 14, 2015, as to each real estate listed in the separate sheet No. 2 as of October 13, 2015, C completed the registration of transfer of ownership as to each real estate on the ground of sale on October 13, 2015.

(hereinafter “instant disposition”). D.

1) Preliminary property (as at the time of the instant disposal act, 1) (2015 publicly announced individual land price for land, 2015 for the Plaintiff’s building, and 17,470,800 square meters for aggregate buildings on the entire certificate of registration in 2015), 50 square meters for the subject-matter (as at the time of the instant disposal act, 17,470,470 square meters for 770,204,000 for G 2, 38,879,260 for 35,07, 40,000 for 40,000 for 25,000 square meters for 47,000,0000 for 5,000,000,000,000,000 74,07,07,07,000,0000 2,07,004,004,00

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