logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.08.23 2016나61789
사해행위취소
Text

1.The judgment of the first instance shall be modified as follows:

With respect to 1/2 shares of each real estate listed in the attached list 2.

Reasons

1. Facts of recognition;

A. The details of claims against D by the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”) 1) Dong Asia Mutual Savings and Finance Company (hereinafter “Dong Asia Mutual Savings and Finance Company”).

(2) On September 11, 200, 1997, E extended KRW 85,00,000,000 to E; ② on June 26, 1998, KRW 42,50,000; ③ December 29, 298; ④ on November 25, 1999, KRW 72,50,000. D guaranteed each of the above loans to the East Asia Treasury. (2) On November 11, 2000, the Gyeonggi Savings Bank pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry succeeded to the rights and obligations concerning the above loans of the East Asia Treasury.

3) The Gyeonggi Savings Bank filed a lawsuit against E and D on April 13, 2007 against the Jung Government District Court Decision 2006Ga35667, and D did not object to this lawsuit even after receiving the lawsuit. On April 13, 2007, the said court rendered a judgment ordering D to the effect that “D shall jointly and severally pay KRW 338,039,149 to the Gyeonggi Savings Bank” and the said judgment became final and conclusive as it is (hereinafter referred to as “instant judgment bond”).

B) B. D’s property disposal act 1) As to each real estate listed in the separate sheet No. 1 (hereinafter “instant one real estate”), D completed the registration of ownership transfer on July 31, 2012, following the registration of creation of a mortgage consisting of Defendant A’s maximum debt amount of KRW 300,000,000, and on April 1, 2014, Defendant B completed the registration of ownership transfer on the same day.

2) D) Each real estate listed in the separate sheet No. 2 list (hereinafter “instant 2 real estate”).

Of them, on February 2, 2006, the registration of the right to claim the transfer of shares was completed on the same day as that of the Defendant C, and on March 28, 2014, the registration of the transfer of shares was completed on the same day on the same day.

C. At the time of the act of disposal of the above property against D's insolvency, D was in excess of its obligation, and the instant case 1.

arrow