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(영문) 서울동부지방법원 2014.02.12 2013가합10381
사해행위취소 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged under the premise that there is no dispute between the parties, or that the entries in Gap evidence Nos. 2, 3, 4, 10, 15, Eul evidence Nos. 1 to 3, Eul evidence Nos. 1 to 3, Eul evidence Nos. 1 to 3, Eul evidence No. 1 to 3, and Eul evidence No. 3 of E are the whole purport of the pleadings:

The Plaintiff’s lease and the Plaintiff’s joint and several sureties lent money to Defendant E, the husband of Defendant E, over 12 times as follows. G, the mother of Defendant E, jointly and severally guaranteed the above loan obligation to the Plaintiff.

Serial 1: 150,00,000 on March 8, 2007; 2.5% on April 10, 2007; 30,000,000 on April 10, 207; 40,000 on June 5, 2008; 30,000 on June 27, 200, 300 on June 16, 2008; 00,000 on June 3, 200, 00 on June 3, 2008; 00,000 on June 16, 200, 00 on June 3, 200, 00 on June 16, 200, 00 on June 6, 16, 200, 300,000 on August 12, 200, 309;

B. On March 19, 2010, G’s disposal 1) The sales contract between Defendant B, C, and G sell the first real estate to Defendant B and C for KRW 330,000,00 (hereinafter “first sales contract”).

(B) On March 31, 2010, Defendant B and C entered into a mortgage agreement with Defendant Han Bank and the maximum debt amount of KRW 189,600,000 on March 31, 2010, and on the same day, Defendant Han Bank entered into a mortgage agreement with the maximum debt amount of KRW 189,60,000 on March 31, 201, and completed the registration of establishment of a neighboring mortgage as stated in paragraph (3) of the claim No. 1 (hereinafter “registration of establishment of a neighboring mortgage”).

(2) On September 15, 2010, G entered into a sales contract with Defendant D to the effect that “G sells Type 2 real estate to Defendant D for KRW 340,000,000” (hereinafter “second sales contract”) and completed the registration of ownership transfer as stated in paragraph 2(b) of the claim against Defendant D on October 20, 2010.

3 G promised on February 16, 2012 that Defendant F and “G” sell to Defendant F the amount of 4 real estate at KRW 250,000,000,000.

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