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(영문) 수원지방법원 안양지원 2018.09.13 2016가합101889
사해행위취소
Text

1. The plaintiff's lawsuit against the defendant D shall be dismissed.

2. The plaintiff's claim against the defendant B and C is dismissed, respectively.

3...

Reasons

1. Basic facts

A. The Plaintiff’s status, etc. 1) A Savings Bank was declared bankrupt on April 30, 2013 by the Seoul Central District Court No. 2013Hahap54, a mutual savings bank established for the purpose of a business such as credit installment savings business and a loan business. On the same day, the Plaintiff did not distinguish the bankrupt A Savings Bank under the Depositor Protection Act (hereinafter “A Savings Bank”) before and after the declaration of bankruptcy.

(2) Around August 10, 2006, the instant church was appointed as a trustee in bankruptcy. (2) Around the time when it acquired all rights to the instant memorial hall, etc. from G company and completed the registration procedure for transfer of ownership with respect to the said memorial hall, etc., and on October 12, 2006, the name of the installer and manager of the instant memorial hall changed from G company to the instant church. From that time, at the time, the instant memorial hall operated the F Park Park in the name of “F Park” in the name of “F Park” in the instant memorial hall, etc., and promoted the business of selling the instant memorial hall in lots and acquiring the proceeds from sale from the buyer.

(hereinafter “instant project”). (b)

On December 9, 2005, A Savings Bank borrowed 8 billion won to the instant church on December 9, 2005, and to secure this, each of the real estate in the name of H in the name of the representative of the instant church (hereinafter “instant church building, etc.”).

As to each of the obligors’ instant churches and each of the collective security interests bank, each of the maximum debt amounts of KRW 650 million on November 13, 2006, the maximum debt amounts of KRW 260 million on January 29, 2007, the maximum debt amounts of KRW 9.49 billion on July 19, 2007, the maximum debt amounts of KRW 9.4 billion on July 27, 2007, and each of the collective security interests of KRW 1.04 billion on December 27, 2007 (hereinafter “each of the instant collective security interests”).

(1) On June 30, 201, A Savings Bank shall pay an annual interest rate of KRW 8 billion on the instant church and credit amount, the expiration date of the credit period.

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