logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.07.11 2017가합589042
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

A. The joint and several guarantee agreement between the Plaintiff and D 1) H Co., Ltd. (hereinafter “H”).

(2) On April 25, 2014, H obtained a loan of KRW 500,00,000 from the Plaintiff, and D, the representative director of H, guaranteed the above loan obligations to H up to KRW 600,000,000 on the same day. (2) H lost its benefit due to delinquency in the payment of the above loan obligations to the Plaintiff from April 26, 2017.

B. Division of property between D and Defendant B, etc. 1) D on September 27, 2002, the Seocho-gu Seoul Metropolitan Government E and one parcel F apartment G (hereinafter “instant real estate”).

(2) On January 3, 2017, Defendant B filed an application for conciliation for divorce and division of property against D on January 3, 2017 with Seoul Family Court Decision 2017Du300165, and Defendant B and D were divorced on February 6, 2017, and D transferred part of trust proceeds of the instant real estate to Defendant B, which corresponds to the shares owned in the name of D, due to division of property.

After that, on February 22, 2017, Defendant B filed an application for revision of the conciliation protocol with Seoul Family Court Decision 2017 businessz.30234, Defendant B revised that “D shall implement the registration procedure for transfer of ownership to Defendant B on the ground of the property division as of the share of 99/100 of the title D among the instant real estate (hereinafter “instant share”) with respect to the share of 99/10 of the title D among the instant real estate.”

(C) A property division (hereinafter “property division”) dated February 6, 2017 with respect to the instant shares to Defendant B on February 24, 2017 following the instant conciliation (hereinafter “instant property division”).

(4) Defendant B completed the registration of ownership transfer on the grounds of this case on February 24, 2017.

arrow