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(영문) 수원지방법원성남지원 2013.06.14 2011가합18730
사해행위취소
Text

1.(a)

Defendant B and E entered into on October 4, 201 with respect to each real estate listed in the separate sheet No. 1 list.

Reasons

1. Basic facts

A. On September 10, 2002, E acquired G and changed its name to A (hereinafter “A”) and worked as the representative director from March 30, 2007 to March 30, 2007. From April 2, 2007, A acquired H on March 5, 2009 and changed its name to I, as a major shareholder holding 47.8% of the A’s shares, who is a major shareholder holding A and the said bank holding 90.1% shares and operates the overall business of credit business of two banks, and F is a person who worked as the executive director of A from March 5, 2009 to April 5, 2010.

B. On October 4, 2011, E entered into a mortgage agreement with Defendant B with the maximum debt amount of KRW 1.5 billion regarding each of the real estate listed in the separate sheet No. 1, and completed the registration of establishment of a neighboring mortgage as of October 5, 201, which was received on October 5, 201 from the Sungwon-nam Branch of Sung-nam Branch of the Sungwon District Court, the registration of establishment of a neighboring mortgage was completed. On October 7, 2011, E entered into a mortgage agreement with Defendant C with the Suwon District Court as of each of the real estate listed in the separate sheet No. 90 million maximum debt amount, and completed the registration of establishment of a neighboring mortgage as of October 10, 2011.

(hereinafter referred to as “each of the instant mortgage contract”).

On October 20, 2011, F entered into a donation contract with Defendant D with respect to 1/2 of the real estate listed in the attached Table 3 list (hereinafter “instant donation contract”) and completed the registration of ownership transfer on the same day.

On December 14, 201, 201, the procedure for the auction of real estate was initiated by the Suwon District Court, Sung-nam Branch of the Sungwon District Court, and upon the sale of the above real estate at the above auction procedure, the amount of dividends to Defendant B was cancelled and the amount of dividends to Defendant B was set up as KRW 225,714,791. Upon the Plaintiff’s request, the claim collection and provisional disposition of Defendant B’s dividend payment claim are prohibited.

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