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(영문) 부산지방법원 2014.04.11 2013가합9317
사해행위취소
Text

1. On April 2, 2013, the automobile indicated in the separate sheet between the defendant and the non-party corporation B was concluded.

Reasons

1. Basic facts

A. Nonparty C is the de facto operator of Nonparty C Co., Ltd. (hereinafter “B”) and the representative director of the said B is D, who is the father of the said C.

C received a loan from the Plaintiff from October 2012. On April 2, 2013, the Plaintiff entered into a loan contract of KRW 462,00,000 as the fund for purchasing six tourist buses with the Plaintiff on April 2, 2013, and the Plaintiff agreed to set up the first priority mortgage on the six units of the above tourist bus as the security, and B jointly guaranteed the above loan obligations owed by C to the Plaintiff.

C In addition, the same month.

4. The Plaintiff applied for a loan of KRW 208,00,000 for a loan of KRW 208,000 for the purpose of purchasing two additional tourist buses, and the same month;

5. The Plaintiff entered into a loan agreement under the aforementioned conditions (mortgage creation and joint guarantee).

B. The Plaintiff sent a peremptory notice to urge the offering of security to C and B on the 24th of the same month, as it did not provide security to C and B under each of the above loan agreements.

C. Meanwhile, on April 2, 2013, B sold a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) to the Defendant (hereinafter “instant sales contract”), and each transfer of ownership is registered with each receipt number listed in the above list on April 23, 2013 at the Busan Metropolitan City Office of Business of Business of Registration of the Motor Vehicles in Busan Metropolitan City, and with respect to each motor vehicle listed in paragraphs 24 through 44 of the above list, each transfer of ownership is registered with each receipt number listed in the above list on April 23, 2013.

The plaintiff has at least KRW 670,00,000 of the principal of the loan and interest thereon as to B due to the execution of each of the above loans. At the time of the contract, B did not have any other property than the automobile of this case.

[Reasons for Recognition] Facts without dispute, purport of whole pleading

2. Judgment on the plaintiff's claim

(a) selling real estate, which is the sole property of the debtor to establish the fraudulent act;

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