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(영문) 대구지방법원서부지원 2016.12.15 2015가단38969
사해행위취소
Text

1.With respect to the real estate listed in paragraph 1 of the Schedule, A:

D The donation contract concluded on May 19, 2014 between D and Defendant A shall be 107,949.

Reasons

1. Basic facts

A. (1) A) In order to obtain a loan from the Industrial Bank of Korea, D on March 19, 2010, with a credit guarantee agreement between the Plaintiff and the Plaintiff up to KRW 142,50,000 (the amount guaranteed to KRW 108,00,000 after this change) and March 18, 2015 (the change to March 18, 2016 after this change) (hereinafter “instant credit guarantee agreement”).

(2) On August 7, 2015, D, based on the instant credit guarantee agreement, obtained a loan from the Industrial Bank of Korea. However, D, upon the occurrence of a credit guarantee accident due to delinquency in principal, on September 23, 2015, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 108,94,644 (= principal amount of KRW 108,00,000,000) in accordance with the instant credit guarantee agreement.

3) After that, the Plaintiff recovered KRW 995,070 from D on September 23, 2015 and subrogated amounted to KRW 107,949,574 (i.e., KRW 108,94,644 - KRW 995,070) and the amount of conclusive damages incurred around that time was 327 won. (ii)D entered into a donation contract with the Defendant, who is the spouse on May 19, 2014, with regard to real estate listed in paragraph (1) of the attached Table 1 (hereinafter “real estate 1”), and completed the registration of ownership transfer in Defendant A as Seo-gu District Court Decision 64738 on the same day.

(2) On May 20, 2014, following the donation contract of this case, the establishment registration of the mortgage of this case was cancelled on the first real estate of this case of KRW 96 million with the maximum debt amount of KRW 36 million and KRW 36 million with respect to the first real estate of this case of this case of KRW 1,000,000 with the Industrial Bank of Korea. (3) After that, Defendant A entered into a mortgage contract with Defendant B, who is one’s relative, with respect to the first real estate of this case of this case of KRW 1,24 million with the maximum debt amount of KRW 124 million, and the establishment registration of the mortgage of this case was completed as the Seo-gu District Court of the same day of Busan District Court of Korea of KRW 142436.

C. Disposition D of the real estate listed in paragraph 2 of the attached Table No. 2 shall be the list with the Defendant C, the ASEAN on July 14, 2014.

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