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(영문) 전주지방법원 2017.08.09 2016가단28141
사해행위취소
Text

1.(a)

Attached Form

The sales contract concluded on September 20, 2012 between Defendant A and C with respect to the real property listed in the list of Paragraph 1 is 9.

Reasons

1. Facts of recognition;

A. On May 2, 2012, a limited liability company E (hereinafter “E”) concluded a guarantee insurance contract for the execution of waterworks construction works between the Plaintiff and the insured limited liability company, the insurance amount of KRW 290,398,700, and the insurance period from May 2, 2012 to February 28, 2013.

B. On October 10, 2012, E renounced the above construction and caused a guarantee accident. On November 20, 2012, the Plaintiff paid KRW 241,430,000 to the insured on November 20, 2012.

C. Since then, the Plaintiff received reimbursement of KRW 100,064,912 out of the principal of the guaranteed obligation, and filed a lawsuit for indemnity claim against C, D, etc. with the Gwangju District Court 2013Kadan2018, Jul. 9, 2013 and rendered judgment that C, D, etc. jointly and severally, the Plaintiff would jointly and severally pay to the Plaintiff KRW 145,025,080 and the principal amount of KRW 141,365,08,08. This became final and conclusive around that time.

C On September 20, 2012, Defendant A sold each real estate listed in Articles 1 through 5 of the [Attachment List 1] to Defendant A (hereinafter “instant real estate”) (hereinafter “instant First Sale Contract”) and completed the registration of ownership transfer due to the said sale (hereinafter “the registration of ownership transfer”) on September 21, 2012, D determined the purchase price of the real estate listed in paragraph (6) of the said List (hereinafter “instant 6 real estate”) as KRW 50,00,000 to Defendant B on September 6, 2012 (hereinafter “instant 2 Sale Contract”); and completed the registration of ownership transfer (hereinafter “instant 2 Ownership transfer”) on September 21, 2012.

E. On July 29, 2014, part of the instant real estate No. 1, the registration of creation of superficies was completed in the dopco on July 29, 2014, and Defendant B on November 8, 2014, to F on November 8, 2014, KRW 5 million in the purchase price.

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