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(영문) 서울고등법원 2017.04.07 2016나2028567
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The loan of the earth and sand savings bank and the earth and sand savings bank, Co., Ltd., Ltd., Co., Ltd., Ltd., (hereinafter “toma savings bank”) extended funds to C, D, E, stock companies, F (hereinafter “Co., Ltd.”) and N, etc., and B guaranteed each of the above loans and debt.

B. Around January 11, 2008, the Defendant, the wife of the instant balance, concluded a sales contract to purchase condominiums located in New York (hereinafter “instant real estate”) in the name of the Defendant in the name of the Defendant (hereinafter “instant sales contract”).

B on February 25, 2010, Aegis Capital, in New York, borrowed USD 13,000,000 in Hong Kong as security for shares 100,000 in shares of a listed corporation of Hong Kong, and deposited USD 13,50,000 in the joint account of B and the defendant on March 4, 2010. Of them, USD 13,000 in Hong Kong was withdrawn on the same day.

On March 4, 2010, in the name of B and the Defendant, the remainder of the instant real estate (hereinafter “the remainder”) was transferred to J of the Defendant’s Housing Purchase Agent at KRW 1,830,000 in U.S. dollars.

C. B’s joint and several liability and promissory note gold obligation 1) The details and value of each loan obligation and its physical security obligation for which B was jointly and severally guaranteed at the time of the payment of the balance of this case are as listed below. According to the sequence C 10,804,893,859, C 827,685,000 won (500 won x 165,537 shares) of K 12,797,60,600,000 won (15,97 x 8,000 won x 80,000 won) for each loan obligation and its physical security obligation for the balance of the principal debtor at the time of the payment of the balance of this case, 12,797,60,000 won, 204,614, 600 won (2,200 x 1,45,2845,275,375,254,2547,5,3947,

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