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(영문) 서울중앙지방법원 2014.12.05 2014가합534683
사해행위취소
Text

1. The Plaintiff of Busan Savings Bank is the above transfer security interest between the Defendant and Daejeon New Railroad Development Co., Ltd.

Reasons

1. Facts of recognition;

A. Daejeon New Zealand Development Co., Ltd. (hereinafter “SPC”), Emti Co., Ltd. (hereinafter “Emti”), and Urban Biocosa Co., Ltd. (hereinafter “Urban Biosa”), are special-purpose corporations established to purchase land within the Daejeon District 4 District Urban Development Project and to build multi-family housing on the ground thereof (SPC; hereinafter “SPC three companies”).

B. On February 13, 2007, SPC 3 concluded a business and loan agreement with the National Bank of Korea (hereinafter “National Bank”), the New Hank Capital Co., Ltd. (hereinafter “Newk Capital”), the National Bank, and the New Hank Capital Co., Ltd. (hereinafter “Newk Capital”), with each of the following loans, and with each of the following loans guaranteed by SPC 3 as joint and several surety obligations (hereinafter “each of the instant loans agreement”). The national bank’s loan claims against SPC 3 company of the National Bank against Shin 1, the national bank’s loan claims against Shin 3 company, and the loan claims against new Hank Capital Co., Ltd. against SPC 3 company, respectively, (hereinafter “each of the instant loans claims”).

Division National Bank New Capital 25 billion won for a non-party company 25 billion won, which is 25 billion won for a non-party company 25 billion won, plus 24 billion won for a total of 26 billion won, 76 billion won.

C. On February 13, 2007, Busan Savings Bank Co., Ltd. (hereinafter “SPC bank”) drafted a junior undertaking to the effect that the loan claims against SPC 3 SPC companies of the non-party bank, which included new loans after the date on which a letter of undertaking was made with the National Bank and New Hank Capital, is lower than each of the instant loans claims (hereinafter “instant junior undertaking”).

On June 2, 2009, the non-party company (hereinafter “the golf membership in this case”) operated by the non-party bank and the Taeyang City Construction Co., Ltd. (hereinafter “Sayang City Construction”), which is owned by the non-party bank and the small association company, is the golf membership in the golf club documentary (hereinafter “the golf membership in this case”).

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