Text
1. Upon a claim for change in exchange at the trial, the defendant shall provide the plaintiff with the real estate stated in the attached list.
Reasons
1. Basic facts
A. On July 26, 2012, the Plaintiff’s Intervenor entered into a credit guarantee agreement with A, which set the guarantee amount of KRW 297,50,000, and the guarantee period from July 26, 2012 to July 25, 2013, and A, under the said credit guarantee agreement, borrowed KRW 350,000,000 from Gyeongnam Bank (hereinafter “Seoul Bank”).
B. On January 31, 2013, the Plaintiff’s Intervenor paid KRW 299,537,670 on March 15, 2013 to the Bank of Taenam, as a credit guarantee accident occurred after closing the D Pharmacy.
C. As to the real estate listed in the separate sheet (hereinafter “instant real estate”), A entered into a sales promise (hereinafter “instant sales promise”) as of December 27, 2012 and a sales contract as of January 30, 2013 (hereinafter “instant sales contract”) with the Defendant, and entered into a provisional registration for the right to claim transfer of ownership (No. 64201) as of December 27, 2012 and the provisional registration for the right to claim transfer of ownership (hereinafter “each of the instant registrations”) as of January 30, 2013 with the Defendant, and completed the registration of ownership transfer (hereinafter “each of the instant registrations”).
On the other hand, on March 26, 2013, the Plaintiff’s Intervenor filed the instant lawsuit seeking revocation and restitution on the ground that the instant pre-sale agreement and sales contract constituted fraudulent act. On May 3, 2013, A received a decision of commencement of rehabilitation procedures from Busan District Court Decision 2013Ma11, and took over the instant lawsuit by appointing the administrator. On January 9, 2014, A received a decision of discontinuation of rehabilitation procedures from the said court, and the Plaintiff’s Intervenor took over the instant lawsuit again.
E. Thereafter, on February 18, 2014, the Changwon District Court rendered a petition for bankruptcy and immunity under the Changwon District Court Order 2014Hadan262014, 26214, 268, and was declared bankrupt by the above court on July 22, 2014. The Plaintiff appointed as a trustee in bankruptcy as a trustee in bankruptcy under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”) shall take over the instant lawsuit and file a claim for avoidance.