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(영문) 서울중앙지방법원 2016.06.24 2016가합503461
사해행위취소 등
Text

1. The sales contract concluded on October 30, 2015 between the defendant and the non-party B on each real estate listed in the separate sheet is 145.

Reasons

1. Facts of recognition;

A. Co., Ltd. (hereinafter “C”) entered into a credit guarantee agreement and a joint and several sureties Co., Ltd. (hereinafter “C”) as indicated in the following table with the Plaintiff (hereinafter “instant credit guarantee agreement”) and received money in the column of “loan amount” as collateral for the credit guarantee certificate issued by the Plaintiff.

C The representative director B has jointly and severally guaranteed C's obligations under the above credit guarantee agreement.

Serial Guarantee Date Guarantee Bank 12, 201,200,000 won, KRW 95,000,000,000 won on February 5, 2016, Feb. 19, 2016, KRW 17,000,000,000 won on February 16, 2016

B. On November 3, 2015, the Plaintiff’s subrogated C lost the benefit of time under the credit guarantee agreement by filing a petition for bankruptcy with the Seoul Central District Court Decision 2015Hau10159.

On December 10, 2015, the Plaintiff paid a total of KRW 256,960,248 by subrogation and recover part of the amount to be paid by subrogation as of December 10, 2015 and remains in KRW 255,901,908 as of December 10, 2015.

C. On October 30, 2015, B entered into a real estate sales contract: (a) sold each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant on October 30, 2015; and (b) completed the registration of ownership transfer on each of the instant real estate on November 2, 2015.

(hereinafter referred to as the “instant sales contract”) D.

At the time of the conclusion of the instant sales contract, each of the instant real estates was completed by the debtor B, the maximum debt amount of 28 billion won, and the joint establishment registration of the mortgage, which was created by the credit union of the mortgagee.

On November 27, 2015, the Defendant repaid the secured debt of KRW 160 million to the Credit Investment Cooperative, and on the same day, the registration of the establishment of the neighboring mortgage was cancelled.

[Ground of recognition] Facts without dispute, Gap 1 through 6, 8, 9, 12 (including additional numbers), Eul 1, the purport of the whole pleadings

2. The occurrence of the right to revoke the fraudulent act;

(a)the establishment by the obligee’s right of revocation of the preserved claim;

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