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(영문) 수원지방법원 2018.04.25 2015가합60705
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 5, 2013, Nonparty B entered into an agreement between the Plaintiff to jointly and severally guarantee the amount of KRW 232,492,540, which Nonparty D owes to the Plaintiff.

B. According to the above joint and several guarantee contract, the Plaintiff filed an application with B for a payment order claiming damages for delay at the rate of 20% per annum from the next day of service of the original copy of the payment order for the joint and several liability obligation amounting to KRW 401,231,740, and the payment order for the above amount was served to B until the day of full payment (which is the District Court Decision 2013Da5689), and on August 9, 2013, the Plaintiff received a payment order with the same purport of the above application from the above court, and the above payment order was served to B on August 30, 2013 and confirmed on September 14, 2013.

C. On October 28, 2013, the Plaintiff filed an application to specify the property with respect to B, and on October 28, 2013, “A debtor (B) was determined as the shipment on the date stipulated in the property list (U.S. District Court 2013Kada8616). According to the said decision, B submitted on January 22, 2014 by the said decision, the Plaintiff stated the instant apartment as household expenses [LTV 1, 500,000 won), monthly rent deposit, 30 million won (E), monthly rent deposit, 1 car (1,50,000 won), and real estate transferred at a cost within one year before the service of the order to specify the property.

The plaintiff also filed a request for inquiry about B, and according to the details of the response to inquiry about B, the property in the name of B is above the other.

In this case, only one motor vehicle and only the apartment of this case mentioned in the subsection were apartment buildings.

E. Meanwhile, on July 25, 2013, B entered into the instant sales contract with the Defendant to sell the instant apartment in KRW 207,000,000, and on July 31, 2013, B completed the registration of ownership transfer for the instant apartment on the ground of the instant sales contract to the Defendant.

F. The registration of the establishment of a new apartment on August 1, 2013 under the name of the National Bank of Korea (hereinafter “National Bank”) (hereinafter “National Bank”) which was established on the instant apartment on August 1, 2013 is based on the termination.

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