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(영문) 광주지방법원 2016.11.16 2015가단532691
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. The sales contract concluded on April 27, 2015 between Nonparty B and the Defendant is concluded.

Reasons

1. Basic facts

A. On January 22, 2009, the Plaintiff guaranteed the obligation by issuing a guarantee certificate with a maturity of January 21, 2010, the guaranteed amount of KRW 225 million, at the request of Han Bank on January 22, 2009.

B as security was loaned 25 million won from the Han Bank on January 22, 2009.

B. B was under a credit guarantee accident upon closure of business on September 15, 2015, and the Plaintiff paid the guaranteed liability by subrogation to a single bank on November 20, 2015, by paying the principal and interest on the debt arising from the said guarantee at KRW 215,647,048.

C. B entered into a sales contract on April 27, 2015 with the Defendant, one’s own form of punishment, on the real estate listed in the separate sheet (hereinafter “instant real estate”), and completed the registration of ownership transfer by the Gwangju District Court No. 10423 on June 25, 2015.

(hereinafter, this case’s disposition)

The property B at the time of the instant disposition is as follows.

1) Two cases of the lease deposit claim amounting to KRW 62,290,00 of KRW 790,000 of KRW 60,000 of the instant real estate, and KRW 790,00 of KRW 70,000 of the instant real estate and KRW 22,290,00 of KRW 40,00 of the rent deposit amounting to KRW 21,560,00 of KRW 940,000 of KRW 940,000 of the instant real estate, a creditor’s general driving fund amounting to KRW 475,00,000 of KRW 30,00,000,000 for KRW 30,000,000 for the instant general driving fund, KRW 187,694,694, 3694, 1868, 294, 291, 305,2945,2937, etc.

E. B entered into a sales contract with two non-party E on June 16, 2015 with respect to real estate C among the aforementioned active property, and completed the registration of ownership transfer on July 7, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 3-1, 2-2, and fact-finding inquiry by the head of Gwanak-gu, Korea Credit Information Institute, National Card, Han Card, Industrial Bank of Korea's financial transaction information meetings, and the purport of the whole pleadings

2. Determination

A. B according to the facts of the establishment of the fraudulent act as above, B.

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