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(영문) 서울중앙지방법원 2016.10.04 2016가합541760
사해행위취소
Text

1. The Defendant terminated the title trust on June 24, 2016 with respect to the one-half share of the real estate listed in the attached Table 2 list to B.

Reasons

1. Basic facts

(a) Seoul Mutual Savings Bank (hereinafter referred to as the "Seoul Mutual Savings Bank") 1 claims against B of Seoul Mutual Savings Bank;

C Co., Ltd. (hereinafter “C”) on July 26, 2006

2) On May 29, 2008 and December 29, 2008, the Seoul Mutual Savings Bank borrowed KRW 6.3 billion at 2.3% per annum, and on the same day, B guaranteed C’s debt up to the limit of KRW 9.45 billion. 2) Seoul Mutual Savings Bank loaned each KRW 1 billion at 2.3% per annum to C on May 29, 2008 and December 29, 2008, respectively, jointly and severally guaranteed C’s debt on the same day.

3) C did not fully repay each of the above loans. (b) The act of paying money to the Defendant B to the bank account in the name of the Defendant, the wife, as shown in attached Table 1 (hereinafter “each of the instant transfers”).

C. The Defendant acquired the Defendant’s real estate (hereinafter “instant real estate”)

(D) The Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as a trustee in bankruptcy of Seoul Mutual Savings Bank on the same day. [Grounds for Recognition] The facts that there is no dispute, and each description of Gap’s evidence Nos. 1, 4, and 8 (including serial numbers; hereinafter the same shall apply).

- The purport of the whole pleadings

2. The plaintiff's assertion

A. In the event that B is a joint and several surety C and bears the obligation to return a loan to Seoul Mutual Savings Bank, the donation made by remitting each of the instant transfers to the Defendant, the wife, from November 10, 201 to May 28, 2014, constitutes a fraudulent act that deepens its excess of the obligation.

Therefore, the remittance between B and the defendant should be revoked as a fraudulent act, and the defendant shall be restored to its original state.

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