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(영문) 서울중앙지방법원 2020.07.09 2018가단5232433
사해행위취소
Text

1.(a)

The real estate stated in attached Table 1 Section 1 between Defendant Incorporated Company D and G Co., Ltd.

Reasons

1. Basic facts

A. On April 10, 2014, the Plaintiff entered into a guarantee insurance contract with G Co., Ltd. (hereinafter “G”) and the insured H organization, insurance coverage amounting to KRW 12,464,00, and insurance period from April 10, 2014 to March 31, 2015, the Plaintiff entered into a guarantee insurance contract for guaranteeing the import clearance of the successful bid price and the payment of contract deposits (hereinafter “instant guarantee insurance contract”).

B. The occurrence of a guarantee accident and the payment of insurance proceeds occurred by the H organization until December 31, 2014, when G failed to implement the import clearance procedure for the successful bid volume as a natural alteration by December 31, 2014, and around March 2, 2015, G notified G of termination of the contract following the successful bid for the import right public sale of natural alteration and the reversion of the bid deposit thereafter. The Plaintiff paid KRW 12,464,000 of the insurance proceeds from the occurrence of the foregoing insurance accident to H organization.

C. G on May 8, 2014 (hereinafter “each of the instant sales contracts”) between G and B farming association corporations, Defendant Incorporated Agricultural Company D, E, and F Co., Ltd. as indicated in the separate sheet, G on the real estate sales contract for each of the real estate listed in the separate sheet (hereinafter “each of the instant sales contracts”) listed in paragraph (1) of the separate sheet is each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(B) On May 8, 2014, among the real estate listed in paragraph (1) of the [Attachment List No. 1] on May 8, 2014, the share of B 3773/22148, and the share of 3702/22148, to the Defendant Incorporated Incorporated Company D (hereinafter “Defendant D”).

Defendant E (hereinafter referred to as “Defendant E”) shall have 3615 shares in 22148.

Defendant F Co., Ltd. (hereinafter “Defendant F”) with an equity share of 3541 22148

(2) On May 8, 2014, the G sales contract for the real estate listed in paragraph (2) of the attached Table No. 2 was 1197 shares out of the real estate listed in paragraph (2) of the attached Table No. 2, and the B farming association.

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