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(영문) 제주지방법원 2020.07.20 2019가단58119
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

On June 20, 2017, the Plaintiff guaranteed KRW 44,100,000 out of the above loans, when B obtained a loan from the Industrial Bank of Korea.

B, however, around March 2, 2018, caused a credit guarantee accident, and the Plaintiff subrogated 44,397,081 won to an enterprise bank on June 21, 2018.

The Plaintiff filed an application with the Seoul Western District Court for an order to pay the amount of subrogation for B as Seoul Western District Court No. 2019 tea26498. On April 12, 2019, the said court ordered the Plaintiff to pay the amount calculated by applying for payment of KRW 45,804,016 as well as KRW 44,397,081 as to KRW 10% per annum from June 21, 2018 to March 31, 2019, KRW 8% per annum from April 1, 2019 to April 18, 2019, and KRW 15% per annum from the next day to the date of complete payment.

The above payment order was finalized on May 3, 2019.

B entered into a sales contract with the Defendant on October 26, 2018 with respect to each real estate listed in the separate sheet No. 1, his own ownership, and completed the registration of ownership transfer based on the above sales contract as the Masung District Court No. 7600 on October 31, 2018 to the Defendant.

On the other hand, B entered into a pre-sale agreement with the Defendant on October 26, 2018 with respect to each real estate listed in the separate sheet No. 2, his own ownership, and completed a provisional registration of the right to claim ownership transfer registration based on the pre-sale agreement on October 31, 2018, received No. 7598 (real estate listed in paragraphs (1) and (2) of the same list), and the same registry office on October 31, 2018 (real estate listed in paragraphs 3 through 7 of the same list).

(hereinafter referred to as “each of the instant real estate” in the separate sheet Nos. 1 and 2 / [based on recognition] / Each of the items in Gap’s evidence Nos. 1 and 6, the purport of the entire pleadings, and the plaintiff’s assertion (selective claim) B of the parties to the entire pleadings, while over obligation, sold each of the instant real estate, which is one’s own responsible property, to the defendant or completed provisional registration

This is called B-.

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