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(영문) 인천지방법원 2018.10.24 2016가단239948
사해행위취소
Text

1. The sales contract concluded on May 1, 2016 between the Defendant and B is revoked.

2...

Reasons

1. Facts of recognition;

A. On September 4, 2014, the Plaintiff Company C (hereinafter “Nonindicted Company”) on September 4, 2014.

2)A facility leasing agreement between the Department and the Department of Finance (hereinafter referred to as “instant facility leasing agreement”) providing “2,140,000 won in the model name LFata, vehicle amounting to KRW 22,140,00, vehicle number D, monthly rental fee of KRW 57,500, monthly rental fee of KRW 487,50 in the agreed period, overdue interest rate of KRW 24 per annum.”

(2) On the same day, the representative director of the non-party company B, who is the representative director of the non-party company, shall lose the benefit of time and return the vehicle immediately after the non-party company and the joint and several sureties violated the obligation to pay the rental fee under the above facility rental agreement (and the above facility rental agreement). As to the obligation to pay the rental fee under the facility rental agreement of this case, the non-party company and the joint and several sureties determined the obligation to pay the rental fee as “130% of the maximum amount of the guaranteed vehicle and the guarantee period as the same as the guarantee period.”

In the loan application form and agreement containing the purpose of the above joint and several sureties (hereinafter “instant agreement”), the seal imprint of B is affixed thereto, and the seal imprint certificate issued by B himself/herself is attached on August 12, 2014.

3) From January 10, 2016, Nonparty Company began to delay the rental fee, and on February 19, 2016, Nonparty Company returned the said vehicle to the Plaintiff on September 19, 2016. (4) As of September 7, 2016, the Plaintiff’s claim against Nonparty Company and B in relation to the instant facility rental agreement is the principal amounting to KRW 9,283,935, 112,232, totaling KRW 10,396,167.

B. On May 1, 2016, B: (a) on May 1, 2016, the real estate indicated in the attached list (hereinafter “instant real estate”) to the Defendant, who is the wife of his/her Dong E.

2) The sales contract to sell 384,000,000 won for the sale of 384,000 won for the transaction value (hereinafter “instant sales contract”).

(2) Around May 13, 2016, the registration of ownership transfer was completed on the grounds of the above sale. (2) At the time of the instant sales contract, the real estate in the name B was due to the instant real estate, and the obligation against the Plaintiff.

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