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(영문) 의정부지방법원 고양지원 2018.05.04 2017가단87148
사해행위취소
Text

1. The reservation to trade concluded on May 22, 2017 with respect to each real estate listed in attached Form 1 between the defendant and B shall be revoked.

2...

Reasons

Facts of recognition

On February 9, 2018, the final guarantee term bank 12,330,000 won as of February 16, 2009, the credit guarantee agreement and the Plaintiff’s credit guarantee date No. 1330,000 won as of February 16, 2009, the Plaintiff entered into a credit guarantee agreement with B as of November 29, 2017 (hereinafter “the instant credit guarantee agreement”); and B submitted a credit guarantee form issued by the Plaintiff under the instant credit guarantee agreement and received loans from each of the following lending banks.

B On June 2, 2017, the natural body caused a credit guarantee accident, and the national bank notified the Plaintiff of the credit guarantee accident on June 30, 2017.

B caused a credit guarantee accident on July 3, 2017 due to the suspension of current account transactions, and the Industrial Bank of Korea notified the Plaintiff of the said credit guarantee accident on July 4, 2017.

Accordingly, on August 22, 2017, the Plaintiff paid to the Industrial Bank of Korea KRW 34,921,593, and KRW 43,118,915 to the National Bank on August 24, 2017, respectively. Accordingly, the Plaintiff paid to B a total of KRW 78,040,508 and delay damages (10% per annum under the credit guarantee agreement in this case).

Around May 22, 2017, the instant reservation B entered into a trade promise with the Defendant to sell each real estate listed in Appendix B No. 1 (hereinafter “each of the instant real estate”) to the Defendant at the price of KRW 4220 million (80 million for purchase and sale) (hereinafter “instant reservation”).

B completed the registration of the right to claim ownership transfer on May 24, 2017 as the receipt No. 34176 on May 24, 2017 to the Defendant as to each of the instant real property.

At the time of the promise to sell and purchase this case, B had been in excess of liability due to active and small property, such as attached Table 2.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 10 (including partial heading number).

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