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(영문) 광주지방법원해남지원 2016.07.14 2016가단346
사해행위취소 등
Text

1. The Defendants entered into a contract with C or D with respect to each real estate listed in the separate sheet as shown in the same list.

Reasons

1. Basic facts

A. C, as indicated in the attached loan statement, was financed by the Plaintiff’s Marine Branch of Korea (hereinafter “Seoul-Gun Agricultural Cooperatives”) and the Plaintiff’s agricultural cooperatives in literature (hereinafter “Seoul-Gun Agricultural Cooperatives”) under the credit guarantee of the Plaintiff, and C’s spouse D was jointly and severally guaranteed by C’s spouse D’s credit guarantee agreement with the Plaintiff.

B. C’s continuous delay in the repayment of the obligation to repay the loan and thereby forfeiting the benefit of time set forth in the credit guarantee agreement, the Plaintiff and door-gu Agricultural Cooperatives received a provisional attachment order at least three times from November 27, 2014 to December 1, 2014 as to each real estate listed in the separate sheet and executed the provisional attachment order.

C. On December 17, 2014, the Russ C requested the cancellation of provisional attachment execution while paying overdue interest, and the Plaintiff and the Russa agricultural cooperative released each provisional attachment execution on December 19, 2014.

However, C and D did not pay interest after December 17, 2014. On December 23, 2014 and July 21, 2015, as indicated in attached Tables 1 and 1, 2015, sold or donated real estate to Defendant E, who is the mother of D (C). On April 23, 2015, real estate was sold to Defendant B, a neighbor, and completed each registration of ownership transfer to the Defendants as indicated in the same list.

E. The Korea Agricultural Cooperatives and the Korea Agricultural Cooperatives filed a claim with the Plaintiff for the implementation of the credit guarantee agreement, and on November 19, 2015, the Plaintiff fulfilled C’s obligation to return the loan as a credit guarantee agent.

F. In accordance with a credit guarantee agreement, the principal and interest of the principal obligor C and D, a joint and several surety, according to the Plaintiff’s subrogation (based on January 18, 2016) shall be calculated as shown in the attached Form of Claim Statement.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 and 22 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Revocation of a fraudulent act;

(a)a claim that may be protected by the obligee’s right of revocation of the existence of the preserved claim;

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