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(영문) 광주지방법원목포지원 2016.12.21 2016가단52713
사해행위취소
Text

1. With respect to the area of 2,042 square meters prior to the preceding B in Pyeongtaek-gun, Chungcheongnam-gun:

A. A sales contract concluded on July 17, 2015 between the Defendant and C is concluded.

Reasons

1. Facts of recognition;

A. On February 4, 2010, the Plaintiff entered into a credit guarantee agreement between the Defendant’s living together with C, with the term of guarantee fixed by C as of December 1, 2013, to guarantee C’s obligation of the above loan, and thereafter extended the term of guarantee to January 29, 2016. ② On March 17, 2011, C borrowed KRW 100,000,000 from the National Agricultural Cooperative Federation, with the term of guarantee fixed as of March 16, 2016.

(hereinafter the above two credit guarantee contracts are referred to as the “instant guarantee contract”). B.

The Industrial Bank of Korea filed a claim with the Plaintiff on August 12, 2015, the Agricultural Cooperatives Federation around August 2015, and C, as of July 29, 2015, for the performance of the guaranteed obligation under the instant guarantee agreement on the ground that the interest on each of the above loans was in arrears. The Plaintiff repaid KRW 100,901,286 to the Agricultural Cooperatives Federation on September 17, 2015, with the principal and interest on the loans extended by C, KRW 201,689,205, and KRW 100,901,286 on October 7, 2015, respectively.

(hereinafter referred to as “the claim for reimbursement of this case” is added to the claims repaid by the Plaintiff on his behalf.

C On July 17, 2015, between the Defendant and the Defendant, a contract was concluded to sell the real estate listed in the Disposition No. 1 (hereinafter referred to as “instant land”) to the Defendant (hereinafter referred to as “instant contract”) and the Defendant on July 30, 2015, and the order No. 1-B to the Defendant on the instant land.

The registration of ownership transfer, such as the entry in the port, was completed.

C had owned the instant land in a flexible manner at the time of the conclusion of the instant sales contract, and the Plaintiff borrowed KRW 50,000,000 from the Defendant on November 20, 2013, in addition to the instant indemnity obligation against the Plaintiff.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 1 (including various numbers; hereinafter the same shall apply). Each tax information of this court and the Dongjak-gu Seoul Metropolitan Government.

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