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(영문) 서울중앙지방법원 2017.11.16 2016가단5214660
사해행위취소
Text

1. A lease contract concluded between B and the Defendant on August 17, 2012 regarding No. 201, Dong 401, Dong-si, Kimpo-si, Kimpo-si, 19,000.

Reasons

1. Basic facts

A. (1) On January 6, 201, the Plaintiff entered into a contract with the Plaintiff on the following grounds: (a) between January 6, 2011 and B; (b) the amount of insurance coverage of KRW 32750,000; and (c) the insured as the YYYU agricultural cooperative (hereinafter referred to as “YYAFC”); and (d) the Defendant entered into a contract on the “YAFFFFFFFC” with the Defendant.

(2) On January 6, 201, 201, B borrowed KRW 1666,00,000,000 from the YYYAC, and created a collateral of KRW 19,92 million with respect to the said surety insurance policy as well as the maximum debt amount with respect to Kimpo-si, Kimpo-si, 201 (hereinafter “instant building”).

B. On August 17, 2012, B entered into a lease contract between B and the Defendant, setting one of the instant buildings as lease deposit amounting to KRW 25 million, monthly rent of KRW 200,000,000, and the period from August 17, 2012 to August 16, 2014.

(2) At the time of the instant lease agreement, the instant building was the only real estate owned by B, and at the time, B was in excess of its liability due to its obligations to Samsung Card Co., Ltd., Marasan Agricultural Co., Ltd., Marasan Agricultural Co., Ltd., Manadroid Bank, etc., as well as obligations to the YYY

C. On July 7, 2012, as the auction and distribution of the instant building (1) B did not pay the debt of the loan from July 7, 2012, the Daejeon District Court rendered a voluntary decision to commence the auction on November 18, 2012, based on the right to collateral security established in the instant building.

(2) On July 16, 2013, the said auction court distributed KRW 19 million to the Defendant, the lessee of small amount, out of KRW 178,700,105, the amount to be actually distributed on the date of distribution, and prepared a distribution schedule in which the remaining amount is distributed to the No. 19,100,000, the said distribution schedule became final and conclusive.

(3) Since then, the Plaintiff’s mother representing the Plaintiff paid KRW 19 million to E on July 24, 2013.

The plaintiff's claim for indemnity (1) The YYYYYYYYYYYYYY.

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