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(영문) 수원지방법원성남지원 2020.05.20 2019가단205731 (1)
사해행위취소
Text

The sales contract concluded on March 12, 2018 between the Defendant and B is KRW 45,360,443.

Reasons

1. Facts of recognition;

A. On March 27, 2014 and May 12, 2017, the Plaintiff concluded a loan agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) and lent KRW 500 million, respectively. The representative director of the Nonparty Company B, who is a representative director of the Nonparty Company, guaranteed the Nonparty Company’s loan obligations within the limit of KRW 60 million and KRW 240 million.

From February 2018, Nonparty Company and B delayed the performance of their obligations under a loan agreement, and as of March 11, 2019, the total amount of the principal and interest of the loans that B bears to Plaintiff is KRW 501,878,833.

B. B completed the registration of ownership transfer based on the sales contract on March 12, 2018 (hereinafter “instant sales contract”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) in excess of debt, on March 12, 2018.

The defendant lent KRW 100 million to the non-party company around August 22, 2016, and transferred the real estate in this case to B who jointly and severally guaranteed the loan obligations of the non-party company as payment in kind.

C. At the time of the instant sales contract, the establishment registration was completed on the instant real estate as to the mortgage-holder D, the maximum debt amount of 42,300,000, and the establishment registration was revoked on March 21, 2018, and the secured debt amount of the revoked collateral was KRW 21,639,557.

E, on June 16, 2016, prior to the conclusion of the instant sales contract, entered into a contract to lease the instant real estate for two years from July 27, 2016, and paid KRW 95 million to B, and obtained a fixed date on June 17, 2016.

E. As of the date of closing argument of the instant case, the value of the instant real estate is KRW 162,00,000.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 8 (including the number of branch offices), the Fdong community service center of this court, the National Court Administration's electronic information management office, and the results of each fact-finding inquiry to G of this court.

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