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(영문) 전주지방법원군산지원 2014.08.14 2013가단15154
사해행위취소로 인한 소유권이전등기말소
Text

1. A sales contract concluded on June 14, 2010 between the Defendant and C with respect to the real estate stated in paragraph (1) of the attached list.

Reasons

1. Basic facts

A. On March 23, 2007, the Plaintiff entered into a joint and several guarantee contract with the above bank for D, when Nonparty D received a loan of KRW 20,000,000 from the Seosan Agricultural Cooperative, and KRW 8,00,000 on June 24, 2009.

B. D’s delinquency in payment of each of the above loans. On May 29, 2010 between the Plaintiff, D and D’s father, “C will request the Plaintiff to file a request for auction of the Plaintiff’s property because D did not fully pay the principal and interest of the money loaned from Seosan Agricultural Cooperative under the Plaintiff’s joint and several liability. As such, the Plaintiff subrogated for the obligation of loans by the end of August 2010, and D shall pay the amount subrogated by the end of August 201, and D shall pay the principal amount by adding interest at 20% per annum to the principal amount, and if D fails to pay the said money to the Plaintiff by the end of August 201, it was concluded that C agreed to pay the said money by subrogation and as a joint and several surety of D.” (hereinafter “instant agreement”).

Accordingly, on August 11, 2010, the Plaintiff subrogated for KRW 26,910,419 in total amount of D’s loan obligations to the Seosan Agricultural Cooperative, and applied for a payment order against D and C with the court of benefiting City, 2013Guj1291 in order to pay indemnity amount. On October 11, 2013, “D and C jointly and severally pay to the Plaintiff the amount calculated at the rate of 20% per annum from August 12, 2010 to the date of full payment.”

C. At the time of the instant agreement, C owned each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”) and the land and buildings located E, F, and buildings located therein (hereinafter “F real estate”) and the forest land of 2,083 square meters located in G in Hasan-si (hereinafter “G forest”). At the time of the instant agreement, C owned each of the instant real estate and F real estate on June 14, 2010, each of the instant real estate and F, all of the following following the instant agreement, to the Defendant, who is a car.

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