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(영문) 인천지방법원 2018.08.30 2017나70192
사해행위취소
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary claim and conjunctive claim are all dismissed.

3. Action.

Reasons

1. Basic facts

A. On August 26, 2011, Homato 2 Savings Bank Co., Ltd. (hereinafter “the instant bank”) was provided 9,000 square meters, such as Pyeongtaek-siF warehouse site 9,990 square meters, and buildings on the said land (hereinafter “instant secured real estate”), and leased 13 billion won to B at an annual interest rate of 10% (18,33,333 won each month’s amount).

(hereinafter “instant loan”). (b)

The bank of this case, prior to the instant loan, entrusted to ABA appraisal corporation an appraisal of the market price of the instant mortgaged real estate, was assessed as KRW 15,845,442,800 as of August 16, 201.

C. B paid interest on the instant loan from September 26, 201 to January 26, 2012, and delayed payment of interest from February 26, 2012.

On the other hand, B owned Non-Acheon City Bank No. 202 (hereinafter “CB”), but on October 10, 201, CB sold D with the purchase price of KRW 160 million. On November 14, 2011, B received KRW 7,411,670 remaining after deducting the collateral security obligation of the National Bank of Korea established CB from the sale price.

E. B withdrawn KRW 76,510,000, out of the sales amount received as above on November 14, 2011, as a check, and deposited it into the Defendant’s account as the spouse.

F. On July 26, 2012, the instant bank filed an application for voluntary auction on the instant mortgaged real estate G with the Suwon District Court G, and started the voluntary auction procedure. The result of the appraisal of the market price of the instant mortgaged real estate without considering the development, etc. of the surrounding district in the said procedure was KRW 6,739,16,000 as of August 29, 2012 (hereinafter “the first auction appraisal”), and the instant bank was appointed as the trustee in bankruptcy of the instant bank on April 30, 2013 after having been declared bankrupt by the Seoul Central District Court 2013Hahap55. The Plaintiff withdrawn the voluntary auction application on May 16, 2013.

(g)...

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