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(영문) 대전지방법원 2015.09.17 2014가단226229
사해행위취소
Text

1. A sales contract concluded on September 30, 2014 between the defendant and the non-party B regarding the real estate stated in attached Table No. 3.

Reasons

1. Facts of recognition;

A. Nonparty B entered into an automobile installment sales contract with Nonparty Hyundai Motor Co., Ltd. (hereinafter “former Motor”). Accordingly, Nonparty B entered into an installment sales guarantee insurance contract with the Plaintiff to guarantee the payment of the debt, and submitted it to Hyundai Motor with the Plaintiff upon obtaining the installment sales guarantee policy from the Plaintiff.

Serial 1 B Hyundai Motor 8,690,000 won from July 1, 1995 to June 30, 1998, which is a joint and several surety for the insurance coverage period of the policyholder insured, or 14,960,000 won from August 1, 1995 to July 31, 1998

B. After that, as Hyundai Motor did not perform its duty under the above installment sales contract with Hyundai Motor, Hyundai Motor Claim for insurance money based on the above installment sales guarantee insurance policy with the Plaintiff. Accordingly, the Plaintiff subrogated to Hyundai Motor with the insurance money of KRW 8,690,000 on April 26, 1996 and KRW 14,244,917 on February 13, 1996.

C. The plaintiff filed a lawsuit against Eul as the Gwangju District Court 2008Gadan8862, and on May 15, 2008, the above court rendered a judgment that "B and C jointly and severally paid to the plaintiff 3,005,817 won and 7,791,00 won among them, which is calculated at the rate of 27% per annum from June 29, 1999 to the date of full payment from January 15, 1998 to the date of full payment," and the above judgment became final and conclusive at that time.

On the other hand, on September 30, 2014, B entered into a sales contract with the Defendant to sell each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) as its sole property (hereinafter “instant sales contract”) and completed the registration of ownership transfer on the same day.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, and 5 (including virtual number), the purport of the whole pleadings

2. Determination

(a) sell and consume real estate which is the sole property of the debtor;

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