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(영문) 인천지방법원 2016.07.13 2015가단211448
사해행위취소
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall pay to the plaintiff KRW 118,100,000 and this decision is delivered to the plaintiff.

Reasons

1. Basic facts

A. On April 23, 2010, the Industrial Bank of Korea extended to C the loans of KRW 500,000,000, KRW 500,000,000, KRW 900,000, and KRW 700,000,000 on July 21, 2009, and KRW 106,320,000,000 for Japan, respectively, under the joint and several guarantee of B. The Industrial Bank of Korea extended to C each of the above loans under the joint and several guarantee of B. On April 23, 2010, the Industrial Bank of Korea notified Korea to Korea a limited company specializing in the securitization of foreign funds, and the limited company specializing in the securitization of foreign funds in Korea, to a limited company specializing in the securitization of foreign funds, and to a limited company specializing in the securitization of foreign funds, more BB loans, and each of the transferor transferred the above credits to B on October 10, 2014, respectively.

3) We received dividends of KRW 3,174,220,516 in the voluntary auction procedure for real estate owned by C, which was conducted as Incheon District Court D on September 24, 2010. The Plaintiff’s principal and interest on the Plaintiff’s claim against B is KRW 1,086,378,082 as of March 11, 201, which is the date of sale as seen below, and KRW 1,651,57,758 as of February 27, 2015. (b) The Defendant acquired the Defendant’s real estate as of KRW 1) the Defendant’s ancillary to B.

2) B is the Namdong-gu Incheon Metropolitan City E apartment No. 1211, Dong-dong 801 (hereinafter “instant real estate”).

(3) As to the instant real estate, the Defendant was determined to grant permission for sale on February 17, 2011, in the auction procedure of the Incheon District Court (hereinafter “instant auction procedure”), which began upon the application of one bank, in the absence of a maximum debt amount of KRW 273,600,000,000.

On March 11, 2011, the Defendant paid 243,000,000 won in cash and 118,100,000 won in cash (243,100,000 won) to the Korea Exchange Bank (243,600,000 won) in the event of completing the registration of creation of a neighboring mortgage of KRW 291,60,000 on March 11, 201.

C. Insolvent B was insolvent at the time of the decision to grant the above sale permission, and is insolvent as of the closing date of pleadings.

[Reasons for Recognition]

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