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(영문) 광주지방법원순천지원 2019.02.19 2018가단77378
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. The reservation to trade concluded between the Defendant and C on March 30, 2016 and the reservation to trade made on March 30, 2017.

Reasons

1. Facts of recognition;

A. On October 24, 1995, the Plaintiff entered into a guarantee insurance contract with Nonparty D with “The Insured E elementary school and insurance period from September 23, 1995 to November 22, 1998; the insured amount of KRW 2,122,089; Nonparty C provided joint and several surety for the Plaintiff’s obligation under the above guarantee insurance contract; 2) On June 15, 1998, the Plaintiff paid 2,038,000 won to the insured on September 23, 1998; and on May 28, 2018, the Plaintiff received 8,941,730 won in total from September 23, 1995 to November 22, 1998 (i.e., the principal, 2030 won in principal, 2038, 309, 309, 209, 309, 209, 319, 2013.

(B) The Plaintiff’s claim against Nonparty C, such as the above, (hereinafter “instant claim”).

C. On March 30, 2016, the real estate indicated in the separate sheet (hereinafter “instant real estate”) between the Defendant and C is the real estate indicated in the separate sheet (hereinafter “instant real estate”).

(2) On March 30, 2016, C entered into a sales contract with the Defendant for the instant real estate and completed the registration of ownership transfer on April 4, 2016, and on March 4, 2016, C entered into a provisional promise to sell and purchase the instant real estate (hereinafter “instant promise”) with the Defendant, and on April 4, 2016, completed the provisional registration of the Defendant’s right to claim the transfer of ownership under the name of Gwangju District Court (hereinafter “instant provisional registration”). On October 13, 2017, C entered into the sales contract as of October 12, 2017 with respect to the instant real estate.

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