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(영문) 서울중앙지방법원 2016.11.30 2015가단5220774
사해행위취소
Text

1. On July 24, 2014, the Defendant: (a) with respect to the real estate stated in the attached list to A, the Suwon District Court’s branch, etc.

Reasons

1. On July 12, 2013, the Gyeonggi Credit Guarantee Foundation, a credit guarantee foundation established in Gyeonggi-do area under the Regional Credit Guarantee Foundation Act, issued a credit guarantee statement (the deposit source KRW 9 million, and July 12, 2018) upon Nonparty A’s credit guarantee request.

B. On July 12, 2013, 200 won 9 million won was loaned from a non-party Han Bank Co., Ltd. (hereinafter referred to as "non-party bank") pursuant to the credit guarantee agreement, but due to delay, the Plaintiff lost the benefit of the above loan, and the Plaintiff subrogated to the non-party bank for KRW 9,260,663 on March 19, 2014, and the amount deducted KRW 275,130 recovered from A on the same day from this amount would be 8,985,533 won at present.

On June 13, 2014, the third party: (a) entered into a sales contract with the Defendant on the purchase price of KRW 10,000,000 with respect to each of the real estate shares A (hereinafter “instant real estate”); and (b) on July 24, 2014, the third party completed the ownership transfer registration of the instant real estate under the name of the Defendant (hereinafter “instant ownership transfer registration”) with respect to each of the instant real estate under the name of the Defendant (hereinafter “instant real estate”) as the receipt of No. 24066, Jul. 24, 2014.

Applicant A had no real estate owned other than the instant real estate at the time of June 13, 2014.

(v) On April 29, 2015, A was declared bankrupt by the Seoul Central District Court on August 31, 2015, when the instant lawsuit was pending, and the Plaintiff was appointed as a trustee in bankruptcy.

After that, the Plaintiff took over the lawsuit for revocation of the fraudulent act of this case under the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act"), and subsequently amended the purport of the claim by the claim for denial registration.

[Ground of recognition] The fact that there is no dispute, Gap 1, 2, Eul 1 through 5 (including paper numbers), the fact inquiry results against the head of Seocho-gu, and the purport of the whole pleadings

2. Determination

A. As recognized above, the instant sales contract was concluded.

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