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(영문) 수원지방법원성남지원 2019.06.27 2018가합409502
사해행위취소
Text

1. The gift contract concluded on January 6, 2017 between Defendant B and E concerning the real estate listed in the separate sheet is 302,43.

Reasons

1. Basic facts

A. On January 11, 2017 and March 23, 2017, the Plaintiff entered into a loan agreement with G Co., Ltd. (hereinafter “G”) as follows. Of each of the above loan obligations of G, E provided a specific collateral guarantee of KRW 337,200,00 with respect to general loans for business operation, and ② as a specific collateral guarantee of KRW 76,80,000 with respect to public purchase.

G is unable to pay interest from September 19, 2017 due to his/her failure to pay the interest, and as of March 30, 2018, the claims for attempted bonds are as follows:

B. The apartment donation E with Defendant B entered into a donation agreement with Defendant B on the apartment indicated in the separate sheet (hereinafter “instant apartment”) on January 6, 2017 (hereinafter “instant donation agreement”). On January 19, 2017, Suwon District Court received registration office for Sung-nam branch branch of Sungwon District Court, and completed the registration of ownership transfer of the instant apartment under Defendant B’s name.

C. On June 9, 2017, Defendant C and D’s establishment of a collateral security agreement with Defendant C and D regarding the instant apartment, Defendant B entered into a collateral security agreement with Defendant C, the obligor, and the maximum debt amount of KRW 200,000 with respect to the instant apartment as to the instant apartment (hereinafter “the collateral security agreement”).

(2) On June 12, 2017, the registration office of the branch court of Suwon District Court for the branch court for the branch court for the branch court for the branch court for the branch court for the branch court for the branch court for the branch court for the branch court for the branch court for the branch court for the establishment of the branch

(2) On December 22, 2015, Defendant D lent KRW 200,00,00 to G and obtained a promissory note of KRW 200,000 from G and E. In order to secure the above claim against Defendant D, Defendant B entered into a mortgage agreement with Defendant D on June 15, 2017 with regard to the instant apartment with Defendant D, the obligor, E, the maximum debt amount of KRW 240,00,000 (hereinafter “second priority mortgage agreement”), and on June 16, 2017, the Sung-nam branch of the Suwon District Court for Sung-nam branch of the branch court.

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