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(영문) 대구지방법원포항지원 2016.03.24 2015가단304462
사해행위취소
Text

1. As to one-half of the 165 square meters of miscellaneous land B in Ulsan-gun, Ulsan-gun, the share shall:

A. It was concluded on November 26, 2014 between the Defendant and C.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff, on April 9, 2014, provides a credit guarantee agreement with C and the credit guarantee principal of which are KRW 98,40,00,00 and the credit guarantee period is from April 11, 2014 to April 9, 2015 (hereinafter “credit guarantee agreement in this case”).

(2) On October 2, 2013, C entered into a credit guarantee agreement with the Plaintiff, and C was granted a loan of KRW 123,00,000 from the Suhyup Bank using the credit guarantee certificate issued by the Plaintiff. (2) In entering into the instant credit guarantee agreement with C, the Plaintiff agreed that the Plaintiff may recover in advance the amount guaranteed by C without any separate notice or peremptory notice against C when the Plaintiff is given notice of the occurrence of a cause for non-performing credit guarantee or the claim for the performance of a guaranteed obligation by the creditor of the credit guarantee

(See Article 6 (1) 9 of the Credit Guarantee Agreement). (b)

(1) On September 29, 2014, C, a credit guarantee accident, such as the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, caused credit guarantee accident concerning the said credit guarantee because it failed to pay the principal and interest of the loan stated in the above paragraph (a) to the Suhyup Bank. Accordingly, the Suhyup Bank notified the Plaintiff of the occurrence of a credit guarantee accident for the loss of benefit of time. (2) On September 9, 2015, the Plaintiff subrogated the Suhyup Bank to pay the total sum of KRW 103,964,318 of the principal and interest of the loan pursuant to the instant credit guarantee agreement.

C. C’s act of disposing of property entered into a sales contract with the Defendant on November 26, 2014 on the share of land (hereinafter “instant share of land”) as indicated in the Disposition No. 1 (hereinafter “instant sales contract”), and on November 28, 2014, the registration of ownership transfer with respect to the instant share of land was completed to the Defendant under the Daegu District Court No. 1510, Ulsan District Court receipt of the Ulsan District Court’s receipt of the registration office.

(hereinafter “instant transfer registration”) D.

At the time of the conclusion of the instant sales contract, C’s property status at the time of the conclusion of the instant sales contract is as follows.

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