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(영문) 서울북부지방법원 2017.03.17 2015나34961
사해행위취소
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. Facts of recognition;

A. The National Bank Co., Ltd. (hereinafter “National Bank”) concluded a credit transaction agreement with D (hereinafter “D”) on a total of four occasions as follows. The representative director C of D on each of the above obligations was jointly and severally guaranteed.

1) 50 million won on September 11, 2007, the limit on the amount of collateral guarantee: 650,000,000 won (No. 1 claim 2) on May 23, 2008, the limit on the amount of collateral guarantee: KRW 910,000 (No. 2 claim 3) on October 8, 2008, the limit on the amount of collateral guarantee: KRW 650,000 on December 16, 2008 (No. 3 claim 4): KRW 650,00,00 on December 16, 2008, the limit on the amount of collateral guarantee: KRW 650,00,00 (the total amount of credit No. 4 claims; hereinafter referred to as the “instant loan claims”).

B. On June 2, 2011, the National Bank of Korea transferred the instant loan claims to the Korea EF&A Co., Ltd and to the Korea EF&A 22 securitization specialized company, and notified the assignment of claims to D on June 29, 2011.

C. On February 18, 2014, the instant loan claim was transferred to the Plaintiff on February 18, 2014, and on March 14, 2014, notification of the transfer of the instant loan claim amounting to KRW 1,165,54,289, of the outstanding principal of the instant loan claim.

Meanwhile, with respect to the claim 1 between the Plaintiff and C, “the Defendant shall pay KRW 650,00,000 to the Plaintiff” was decided on July 22, 2015.

(Seoul Central District Court 2015ss.528358). D.

C = Defendant A, 1 Schedule 1, attached hereto.

2. As to the indicated real estate, the sales contract was concluded on June 27, 201 for KRW 20,000 for the purchase price of KRW 20,000,00 for the purchase price, and the Seoul Northern Northern District Court Registry of the Dongdaemun District on June 27, 201 completed each registration of ownership transfer under No. 21189 for each of the registration offices

3. As to the indicated real estate, a sales contract was concluded on July 26, 201 for KRW 9,000,000, and the registration of ownership transfer was completed as of July 26, 201 by the said registry office as of July 26, 201.

E. C: A List with Defendant B on June 27, 2011

4. Attached Table 1. to the stated real estate.

4. The sum total of the real estate mentioned above shall be referred to as "each of the instant real estate"

9. As to the purchase price.

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