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(영문) 서울중앙지방법원 2015.01.09 2012가단328887
사해행위취소 등
Text

1.(a)

On June 2012, 2012, as to the real estate No. 1 listed in the separate sheet No. 1 list between Defendant B, Inc. and Nonparty B.

Reasons

1. Basic facts

A. On May 17, 2012, in order to guarantee the payment of advance payment to the Agency for Defense Development under a construction contract between D Co., Ltd. (hereinafter “Nonindicted Company”) and the Agency for Defense Development, the Plaintiff entered into a guarantee insurance contract for the performance of the insured to the Agency for Defense Development, the amount of insurance coverage, and the period of insurance coverage from May 17, 2012 to January 28, 2014 (hereinafter “instant guarantee contract”). Nonparty B and C were joint and several suretys of the instant contractual obligations owed to the Plaintiff by Nonparty Company.

B. On July 5, 2012, the Agency for Defense Development notified the Plaintiff of the occurrence of an insurance accident by a non-party company. On July 18, 2012, the Agency for Defense Development was paid KRW 3,980,019,260 of the insurance proceeds under the instant contract by the Plaintiff.

C. On June 13, 2012, Nonparty B sold real estate No. 1 (hereinafter “instant real estate No. 1”) listed in attached Table 1 (hereinafter “instant sales contract”) to Defendant CFT Co., Ltd. (hereinafter “Defendant Company”) at KRW 145,00,000 (hereinafter “instant sales contract”), and completed the registration of ownership transfer as the receipt of the Changwon District Court No. 3971 on June 18, 2012.

On June 21, 2012, Nonparty C entered into a mortgage agreement (hereinafter “mortgage agreement”) with Defendant A, who is one’s own hold on June 21, 2012, with regard to the real estate listed in Appendix 2 as indicated in Appendix 1, with the maximum debt amount of KRW 420,00,000,000, and with the Defendant of the mortgagee A as the mortgagee A, and completed the registration of establishment of a neighboring mortgage (hereinafter “the registration of establishment of a neighboring real estate”) on June 21, 2012.

E. At the time of the conclusion of the instant sales contract, Nonparty B’s asset status was in excess of the debt as shown in attached Table 2, and the Defendant Company held 59% of the equity interest of Nonparty B E Co., Ltd. (hereinafter “E”), and E is a construction business type, since its net profit in 201 exceeds KRW 813 billion.

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