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(영문) 수원지방법원 2016.05.26 2015가단51889
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. It was concluded on January 6, 2015 between Defendant A and C.

Reasons

1. Facts of recognition;

A. On July 25, 2014, the Plaintiff concluded a performance guarantee insurance contract with D Co., Ltd. (hereinafter referred to as “D”), which guarantees the payment of credit goods payment obligations owed by D to D Co., Ltd. with the term of insurance from July 17, 2014 to July 17, 2015; and the insured amount of KRW 30,000,000,000, and guarantees the payment of credit goods payment obligations owed by D to D Co., Ltd. (hereinafter referred to as “instant contract”). ② On September 26, 2014, the insured grass-free Food Co., Ltd., Ltd., the insurance period from September 26, 2014 to February 28, 2015; the insured amount of KRW 25,00,000,000, which guarantees the payment of credit goods payment obligations owed by D to D Co., Ltd. (hereinafter referred to as “instant contract”).

The husband of the Defendant B, the husband of the instant contract, jointly and severally guaranteed the obligation owed by D to the Plaintiff by the contract of this case (hereinafter “instant joint and several surety”).

B. Regarding the instant contract, each of the instant accidents occurred on January 15, 2015, and February 28, 2015.

On May 22, 2015, the Plaintiff paid KRW 30,000,000 insurance money to Mackers Co., Ltd., and KRW 25,00,000,000 insurance money to Lanwon Food Co., Ltd. on June 15, 2015, respectively.

C. Meanwhile, on June 30, 2010, C completed the registration of ownership transfer with respect to the real estate recorded in the text (hereinafter “instant real estate”). On January 6, 2015, immediately before the occurrence of an insured incident related to the instant contract, C and C entered into a mortgage agreement with Defendant A regarding the instant real estate (hereinafter “instant mortgage agreement”) with the debtor C, the mortgagee A, the maximum debt amount of KRW 180,000,000, and on the same day, it was ordered to Defendant C as the Disposition 1-B.

The registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration of the establishment of a neighboring mortgage of this case”) was completed.

C A. On March 20, 2015, a gift contract with Defendant B concerning the instant real estate (hereinafter “instant gift contract”).

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