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(영문) 창원지방법원 2016.04.28 2015가합31988
사해행위취소
Text

1. The Defendant received on December 2, 2014 from the Changwon District Court, Busan District Court, Busan District Court, as to the Plaintiff’s 294m2 in Gyeongnam-gun, Busan District Court.

Reasons

1. Facts of premise;

A. On September 30, 2012, September 26, 2012, the date of guarantee guarantee 2, 2012, the date of guarantee 2, 2012, for the Plaintiff’s Intervenor’s debt guarantee 1, the Plaintiff’s debt guarantee contract was concluded on September 26, 2014, which was KRW 85,00,000,000 guarantee amount, KRW 423,000,000 guarantee agency, and KRW 1,000,000,00 guarantee agency, for the Plaintiff’s debt guarantee contract with the Plaintiff’s Intervenor as follows. 2) A jointly and severally guaranteed the indemnity obligation owed to the Plaintiff’s Intervenor in accordance with each credit guarantee contract.

3) A Co., Ltd. submitted each of the above credit guarantee contracts and provided loans from the National Bank and Gyeongnam Bank. However, on August 5, 2014, a guarantee accident stipulated in each of the above credit guarantee contracts was occurred as of the party branch. 4) The Plaintiff’s Intervenor paid KRW 77,280,67 to the National Bank on September 5, 2014, and KRW 426,261,503 to the National Bank around September 16, 2014, according to each of the above credit guarantee contracts.

5) The Plaintiff’s Intervenor recovered KRW 3,347,100 and collected KRW 500,195,080 for the principal of the joint and several surety obligation of A (No. 1 guarantee: KRW 77,219,067, and KRW 422,976,013). B. A’s property disposal act on December 2, 2014 to the Defendant, who was the former wife, owned by A, KRW 294,00 square meters for the Plaintiff’s land in question (hereinafter “instant land”).

) The sales contract for the instant sales contract (hereinafter “instant sales contract”).

(C) On December 2, 2014, the registration of ownership transfer under the name of the Defendant (hereinafter “instant registration of ownership transfer”) was entered into by the Changwon District Court’s Busan District Court’s Office of Registry No. 16681.

(C) On April 3, 2015, the Plaintiff’s Intervenor asserted that the instant sales contract was a fraudulent act, and filed the instant lawsuit against the Defendant seeking revocation of a fraudulent act and restitution. On March 10, 2015, A filed a petition for bankruptcy on March 2, 2015, and was declared bankrupt by the Changwon District Court 2015Hadan10016.

2. Accordingly, A's attorney-at-law B taking over the lawsuit of this case, and the debtor's rehabilitation and bankruptcy.

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