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(영문) 창원지방법원마산지원 2015.12.10 2015가단100825
사해행위취소
Text

1. The sales contract concluded on February 25, 2014 between the Defendant and B with respect to the real estate listed in the separate sheet is KRW 88,150,875.

Reasons

1. Facts of recognition;

A. On June 7, 201, the Plaintiff entered into a credit transaction agreement with a limited liability company C (hereinafter “C”) with the amount of KRW 200,000,000,000, and KRW 235,000,000 on December 7, 2012, and KRW 300,000 on November 7, 2013, and B jointly guaranteed the said company’s obligations.

B. C from August 2014 to August 1, 2014, it did not repay the principal and interest of a loan under the credit transaction agreement as seen in the foregoing paragraph, thereby losing the benefit of time pursuant to the bank credit transaction basic terms and conditions. The Plaintiff’s claim against C and B pursuant to the foregoing clause is KRW 522,903,841 as of December 9, 2014, the agreed interest amounting to KRW 4,651,795 as of December 9, 2014, and overdue interest amounting to KRW 547,97,523 as of December 9, 2014.

C. On February 25, 2014, B entered into a sales contract with the Defendant, who is a partner, for the real estate listed in the separate sheet (hereinafter “instant real estate”). On March 11, 2014, B completed the registration of ownership transfer on the instant real estate in the future.

On the other hand, regarding the instant real estate, the Gwangju Bank completed the registration of establishing a collateral security (hereinafter “instant collateral security”) with the maximum debt amount of 61,200,000 won on November 5, 2007, and with the debtor B (hereinafter “instant collateral security”). However, the said registration was cancelled by the Defendant’s repayment of the secured debt amount of 51,849,125 won on September 19, 2014, which was subsequent to the instant sales contract.

[Reasons for Recognition] Uncontentious Facts, Gap 1 through 4 (including virtual numbers), the result of response to the submission of financial transaction information to Gwangju Bank Co., Ltd. by this Court, the purport of the entire pleadings

2. Determination

A. (1) The establishment of a fraudulent act (1) is not a dispute over the insolvency of B, Gap evidence 4, Eul evidence 7 (including paper numbers), the inquiry results of this court on the Ministry of Land, Infrastructure and Transport of this case, and the response results of the order to submit financial transaction information to Gwangju Bank to the Ministry of Land, Infrastructure and Transport, according to the overall purport of the pleadings, the active and passive property details as follows at the time of the instant contract are as follows.

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