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(영문) 대구지방법원안동지원 2015.08.31 2014가단6152
사해행위취소
Text

1. The sales contract concluded on April 22, 2013 between B and the Defendant with respect to the real estate listed in the separate sheet shall be revoked.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim for reimbursement against B 1) The Plaintiff is a Co., Ltd. (hereinafter “Nonindicted Company”) on October 24, 201.

between the non-party company and the permanent branch of the National Agricultural Cooperative Federation (hereinafter referred to as the “Agricultural Bank”).

(2) The Defendant agreed to provide a credit guarantee for the money to be borrowed from the Nonparty Company and the Nonparty Company Company’s representative director and the major shareholder, B, at the time of the said credit guarantee (hereinafter “instant credit guarantee agreement”).

(2) The non-party company received money from the Nonghyup Bank as collateral for a credit guarantee certificate issued by the Plaintiff based on the instant credit guarantee agreement at that time.

3) From April 10, 2013 to May 9, 2013, Nonparty Company was subject to a tax investigation by a permanent tax secretary. As a result of the tax investigation, Nonparty Company was notified of the collection of a total of KRW 251,901,860 to Nonparty Company. 4) voluntarily closed its business on September 2, 2013, and the Plaintiff subrogated for KRW 246,391,232 to the Nonghyup Bank on September 13, 2013 at the request of the Nonghyup Bank.

5) The Plaintiff filed a claim against Nonparty Company B for a payment order ordering payment of KRW 247,435,073 in total, including the amount of subrogated payment and damages for delay thereof (this Court Decision 2013 tea774), and this court issued a payment order on October 14, 2013. The above payment order was finalized as it is (hereinafter “instant payment order”).

B. B B’s instant sales contract, etc. 1) B, upon permanent residence, has a claim for the lease deposit against D Apartment No. 101 and 1003. However, on April 15, 2013 under the tax investigation, the said claim for the lease deposit was transferred to E while succeeding to the rights and obligations of the said leased object.

2) B: (a) on April 22, 2013, the real estate indicated in the separate sheet, the only real estate for the Defendant (hereinafter “instant real estate”).

The sale of B shall be 45 million won, and the registration of ownership transfer shall be completed on April 23, 2013 by the 7872 permanent registry office of the Daegu District Court following the date.

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