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(영문) 서울고등법원 2018.08.17 2018나2010720
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) On August 31, 2012, the Komato Savings Bank Co., Ltd. (hereinafter “tomato Savings Bank”) was declared bankrupt on the Suwon District Court 2012Hahap23, and on the same day, the Plaintiff was appointed as a trustee in bankruptcy.

(2) C is an internal director of Company D (hereinafter “D”), and the Defendant is a person who is in charge of C.

B. (1) Tomato Savings Bank has made a loan to D as described below, and C has guaranteed D’s loan obligations to the Tomato Savings Bank within the limit of the following limit of guarantee amount:

On May 8, 2007, the amount of loan extended from the maturity date of the credit-based loan (won) to 11,250,000,000 on August 8, 2008, general loan 11,250,000,000 on August 27, 2010, the Plaintiff jointly and severally paid 4,950,000,000,000 on general loan 3 general loan 4,950,000,000,000,000 on March 3, 2011 to 0,000,000,000,750,000,000,000,0000,0000,000,000,000,000,000,000,000, 10,050,05, 205, 209, 209.

C. On September 25, 2012, C completed the registration of ownership transfer for 3/5 shares of each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant on the same day.

(hereinafter “this case’s registration of transfer of ownership”). 【No dispute exists, entry in Gap’s Evidence Nos. 1, 3, and 8 through 13 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Judgment on the ground of the Plaintiff’s claim

A. On September 25, 2012, the Plaintiff’s assertion that the Defendant sold 3/5 shares of each of the instant real estate to the Defendant on September 25, 2012 (hereinafter “instant sales contract”) constitutes a fraudulent act, and the Defendant’s bad faith as the beneficiary is a beneficiary.

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