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(영문) 부산지방법원 2019.10.02 2018가단318217
사해행위취소
Text

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

A. It was concluded on January 29, 2018 between the Defendant and E.

Reasons

1. Facts recognized;

A. The Plaintiff’s claim 1) on August 10, 201, F obtained a loan of KRW 125 million from Nonparty G Co., Ltd. to “Installment financing and misleading.” At the time, E, the wife of F, jointly and severally guaranteed the above loan obligations owed by F. 2) G Co., Ltd. on February 13, 2014.

3) F lost the benefit of May 10, 2013 due to the failure to repay the above loan at the time. 4) The Plaintiff filed a lawsuit against E on the said loan claim against Seoul Southern District Court Decision 2018Gadan208622, which was rendered a favorable judgment against the said court on May 31, 2018 to pay KRW 78,310,317 and its delay damages. The said judgment became final and conclusive as it is.

(hereinafter referred to as “instant transferee’s claim”). (B)

E’s disposal act was concluded on January 29, 2018, which was the only property between the Defendant and the Defendant, the only property of which was the Defendant, and completed the registration of establishment of a collateral security (hereinafter “registration of establishment of a collateral security”) under the Busan District Court’s Busan District Court registry No. 4233, Jan. 29, 2018, which was received on the same day from January 29, 2018.

C. On December 18, 2018, when the instant lawsuit was pending, the Plaintiff transferred the instant claim to the Intervenor succeeding to the Plaintiff, and notified the obligor thereof.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1-7, and the result of this court's response to an order to submit financial transaction information, the purport of the whole pleadings

2. According to the above facts of recognition as to the claims of the Plaintiff’s succeeding intervenor, since there had already been a claim for the amount of the money taken over prior to the contract to establish the mortgage of this case, this case’s succeeding intervenor.

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