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(영문) 부산지방법원 2015.11.12 2015가단215973
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A sales contract concluded on February 13, 2013 between the Defendant and B is concluded.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit against B (1) The Plaintiff entered into a credit guarantee agreement with the debtor company’s credit guarantee agreement with the debtor company C (mutual name before the change: D; hereinafter, the debtor company) on the receipt of a loan from the Gyeongnam bank as set forth in the following table, and B jointly pays the debtor company’s repayment obligation to the Plaintiff under the credit guarantee agreement with the debtor company.

Around April 26, 2012, the debtor company on April 27, 2012, around 2013, the amount of the loan (270,000,000 won) extended on the date of the loan extended by the guarantee-term lending institution (a guarantee-based lending institution) of the guarantee-term lending institution (a guarantee-based lending institution) was subrogated to the debtor bank on April 21, 2013, around 273,094,54 [the principal = 268,199,704 won at interest 4,894,840 won at interest 4,840,840] by the debtor company on April 27, 2012.

(3) On January 28, 2014, the Plaintiff rendered a judgment that “the debtor company, B, etc. shall jointly and severally pay to the Plaintiff KRW 274,94,614 and delay damages therefrom” from the Changwon District Court (2013da7891) with respect to the said subrogation, and the judgment became final and conclusive around that time.

B. B, on April 23, 2015, the registration of ownership transfer was completed in the Defendant’s future on February 13, 2013 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”).

C. The instant real estate, the market value of which is equivalent to KRW 228,947,00 as of February 2, 2013, is the sole property of the instant real estate, and B was in excess of its liabilities.

[Grounds for Recognition] The absence of dispute, Gap evidence Nos. 1 and 2, and the result of the order to submit financial transactions to the 200-dong Saemaul Savings Depository

2. Determination as to the claim

A. On February 13, 2013, prior to the existence of a preserved claim, the instant credit guarantee contract was concluded between the Plaintiff and the debtor company, which is a legal relationship that serves as the basis for establishing a joint and several surety claim claim for B, and the debt subsidiary on April 2013.

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