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(영문) 서울중앙지방법원 2014.07.25 2013가합551773
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On May 25, 2009, the Plaintiff entered into a credit guarantee agreement with D who operates C (hereinafter “instant credit guarantee agreement”) with the following contents, and at the time B jointly and severally guaranteed the obligation that D would incur to the Plaintiff pursuant to the instant credit guarantee agreement.

The credit guarantee principal: from May 25, 2009 to May 24, 2012, the other party to the guarantee agreement: The other party to the guarantee agreement: from May 25, 2009 to the National Federation of Fisheries Cooperatives (hereinafter referred to as the "Water Cooperatives"): The credit guarantee agreement shall be terminated at least KRW 2.3775 million after the establishment of the first collateral security agreement with respect to the site at the place of business (or KRW 56m2, F.7m2, G large 580m2, G large 544m2, H. 54m2, hereinafter referred to as the "the instant hospital site"), with respect to the site at the place of business (or KRW 6.5 billion, E., F. 56m2, G. 7m2, G. 544m2, hereinafter referred to as the "the instant hospital site").

B. D around the end of May 2009, offered a credit guarantee certificate issued by the credit guarantee contract of this case as security and borrowed a loan of five billion won (hereinafter “the instant loan”) from the Suhyup.

C. In addition, on May 22, 2009 regarding the instant hospital site as a security for the instant loan claim, the Suhyup acquired the first priority collective security right as to the hospital building constructed on the instant hospital site (hereinafter “the instant hospital building”) on July 2, 2009, with respect to each maximum debt amount of KRW 6.5 billion, and the debtor D and B.

The principal of the credit guarantee based on the instant credit guarantee contract was reduced to KRW 2.125 million on May 24, 2012.

E. B entered into a gift agreement with the Defendant, who is one’s own wife on May 24, 2012 on the instant real estate (hereinafter “instant gift agreement”), and completed the registration of ownership transfer to the Defendant on June 4, 2012.

F. The amount of the instant loan to Suwon D at the time of the instant gift agreement is KRW 2,814,827,00,000, and the site and building of the instant hospital as of March 2013.

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