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(영문) 대구지방법원 2017.07.26 2016가단107728
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 21, 2012, D borrowed KRW 200 million from F, a bond business operator, from F, to raise the project funds of South-Nam, and created a right to collateral security of KRW 300 million with respect to each immovable property indicated in the separate sheet in the name of D (hereinafter “instant real property”).

B. Thereafter, on December 31, 2012, D borrowed the repayment of the aforementioned loan from the Defendants to F. The Defendants established the right to collateral security of KRW 3.5 million with respect to the instant real estate, and borrowed KRW 200 million from the Defendants on January 9, 2013.

D As above, around January 9, 2013, the Defendants repaid F with the money lent by the Defendants, KRW 200 million and interest, and was cancelled by F on the same day.

C. The ownership of the instant real estate was transferred to the Republic of Korea on June 4, 2013 due to the acquisition by consultation. The Defendants received KRW 190 million from the Republic of Korea upon the delegation of D’s receipt, and subsequently renounced part of the right to collateral security and cancelled the registration of creation.

The total amount of compensation is KRW 199,543,40, and the Defendants received the remaining amount of KRW 9,543,400 on behalf of the Defendants.

On the other hand, D, on December 26, 2012, jointly and severally guaranteed the obligation of KRW 300 million that G bears to the Plaintiff.

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 9, each of the order to submit financial transaction information to the Youngcheon Agricultural Cooperatives, the Ansan Saemaeul Community Fund, and the Nonghyup Bank, the result of inquiry about the National Defense Facility Headquarters of this Court and the purport of the whole pleadings

2. Determination:

A. The Plaintiff asserts that D’s establishment of the right to collateral security against the Defendants on the instant real estate constitutes a fraudulent act detrimental to the Plaintiff, a creditor, and sought a payment of some of the amount of compensation for losses received by the Defendants as compensation for value.

B. To establish a fraudulent act:

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