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(영문) 인천지방법원부천지원 2017.12.20 2017가합468
사해행위취소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit transaction agreement with the Plaintiff and C on April 24, 2016 and the B’s joint and several surety loan balance (as of May 19, 2017, the ceiling on collateral guarantee) of the loan due date for the loan (as of August 19, 201) into a loan agreement with the Plaintiff and C on August 13, 201, KRW 263,360,267 B (364,00,00,000,000, KRW 55,827,63, B (58,500,000,000, KRW 580,000, KRW 300,000, KRW 200, KRW 308,000, KRW 400, KRW 205, KRW 200, KRW 3000, KRW 2940, KRW 205,00, KRW 305,00.33333).

At the time of the conclusion of each credit transaction agreement, B, the representative director of C, guaranteed C's loan obligations against the plaintiff.

The balance of loans under each credit transaction agreement above shall be as specified in the following table:

B. B and the Defendant’s sales contract 1) B are each real estate listed in the separate sheet owned by the Defendant and B on November 27, 2015 (hereinafter “instant real estate”).

A) The sales contract to sell the sales price of KRW 595,00,000 (hereinafter “instant sales contract”).

(2) On January 4, 2016, the Defendant completed the registration of ownership transfer regarding the instant real estate on January 4, 2016. (2) On January 4, 2016, the registration of creation of a collateral for the Industrial Bank of Korea established on the instant real estate was cancelled, and at the time, the actual secured amount of the said collateral was KRW 300,000,000.

C. The lawsuit seeking revocation of the fraudulent act and deposit of the equivalent amount is 1) UNFCCC Co., Ltd. (hereinafter “UNFCCC”).

On March 30, 2016, the Defendant filed a lawsuit against the Seoul Central District Court 2016Gahap517248 seeking the cancellation of the instant sales contract and compensation for the equivalent value of the damage claim based on the tort against B.

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