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(영문) 서울중앙지방법원 2015.01.28 2014가합528343
사해행위취소
Text

1. The sales contract concluded on January 3, 201 between the Defendant and B is KRW 85,00,000.

Reasons

The summary of the instant case is the case where the Plaintiff, the debtor, sells real estate listed in the attached list (hereinafter “instant apartment”) to the Defendant and completes the registration of ownership transfer, and thus, the Plaintiff seeks restitution against the Defendant, the beneficiary, by the cancellation of the sales contract and the compensation for value.

In fact, B of the underlying claim, from June 19, 2006 to April 29, 201, worked as C at the Do Civil Savings Bank Co., Ltd. (hereinafter referred to as the "Bankruptcy Bank").

From March 21, 2011 to September 9, 2011, the Plaintiff conducted an investigation into defective liability of the bankruptcy bank.

The plaintiff, as a trustee in bankruptcy, has taken over the lawsuit claiming damages (Skcheon District Court 2012Ga518) against the bankruptcy bank against B, etc., who is an executive officer or employee, by asking for the liability for damages incurred due to illegal or unjust loans.

In the above case, in violation of the provisions of Article 37 (Prohibition of Credit Extension to Large Stockholders) and Article 12 (Limit of Credit Extension to Individual Borrower) of the Mutual Savings Banks Act, B et al. made illegal and unfair loans to CCnet, D, E et al., and the occurrence of liability for damages against B et al. on the ground that it neglected to conduct credit investigation or to take measures for credit preservation, and the plaintiff was partly awarded a favorable judgment that limits liability in consideration of all the circumstances.

The amount of damages recognized for B was 6,665,700,000 won (30% of the liability ratio).

The above lawsuit is pending in the appellate court (Chuncheon) No. 2014Na944.

On the other hand, B was convicted of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) and the violation of the Mutual Savings Banks Act in relation to the above illegal and unfair lending.

After the defendant filed a marriage report on February 5, 1976 with B and on March 28, 1981, it reported a divorce on March 28, 1981, but again on November 1, 1984.

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