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(영문) 수원지방법원 2016.02.18 2014가단528122
사해행위취소
Text

1. As to the land size C road 342 square meters between Defendant Dok Development Co., Ltd and Nonparty Co., Ltd., on January 2, 2014

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1 against the Plaintiff Company B (hereinafter “B”) loaned KRW 1.8 billion to Nonparty D around August 31, 201 by the due date set on August 31, 2014. At the time of the said loan, the Plaintiff extended the loan to Nonparty D (hereinafter “B”).

(2) On September 23, 2011, the Plaintiff provided a joint and several guarantee guarantee amount of D’s above principal and interest of loan amount of KRW 2,340,00,000. (2) After that, the Plaintiff again provided a loan to D as of September 23, 201, KRW 2.1 billion due date, and B provided a joint and several guarantee amount of the said loan amount of KRW 2,730,000,000,000.

(hereinafter referred to as "the instant loan" combined with the above loan, and each of the above joint and several sureties together is referred to as "the instant joint and several sureties". (b)

B’s disposal 1) Disposition No. 342m20,000,000 square meters (hereinafter “instant land”).

(3) As to the Plaintiff, the Plaintiff and the Plaintiff (hereinafter “Alta Korea”) on June 17, 2009, the Plaintiff and the Plaintiff (hereinafter “Alta Korea”) on the ground of the pre-sale agreement as of June 8, 2009 as the receipt No. 91283.

3) The provisional registration of the title transfer claim (hereinafter “provisional registration of this case”)

B) On November 30, 2009, the right to claim the transfer of ownership (hereinafter “instant right to claim the transfer of ownership”) based on the pre-sale made on August 6, 2009, which was the right to be preserved for the provisional registration of this case from Alta Korea (hereinafter “instant right to claim the transfer of ownership”).

(2) On December 1, 2009, as to the instant land, the Plaintiff entered into a contract to transfer the right to transfer ownership (hereinafter “instant transfer contract”) on February 1, 2014, which is the joint and several surety of the instant case, and entered into a supplementary registration prior to the right to claim for transfer of ownership (hereinafter “instant transfer contract”) with the same registry office No. 20613, Feb. 12, 2014.

3..

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