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(영문) 대전지방법원천안지원 2015.07.22 2014가단108993
사해행위취소
Text

1. Between the Defendants and C, a trade reservation entered into around September 27, 201 with respect to the size of 158 square meters of the Dong-gu Seoul Special Metropolitan City D orchard.

Reasons

1. Facts of recognition;

A. A. On November 4, 2003, the Bank of Korea may issue a loan to the Bank of Korea in the amount of KRW 1.5 billion per annum and KRW 1.5 billion per annum and KRW 2.5 billion per annum. C jointly and severally guaranteed the above loan obligations within the limit of KRW 2.1 billion. 2) On December 2, 2005, the Bank of Korea may receive repayment of KRW 1,52,882,747, which is the principal and interest of the above loan, in the course of auction distribution of real estate owned by the Si Medical Foundation.

The decision of the Gyeonggi-gu District Court of 2008da46753 filed a lawsuit against the Si Medical Foundation and C, etc. for the repayment of loans, and on November 25, 2008, the above court sentenced the defendant to the order that "the defendant (the Si Medical Foundation, C, etc.) shall jointly and severally pay 460,129,209 won to the plaintiff (the Si Medical Foundation, the Si Medical Foundation, the C, etc.)".

The above judgment became final and conclusive around that time.

3) On July 1, 2013, the Plaintiff was declared bankrupt by the Seoul Central District Court No. 2013Hahap88, and the Plaintiff was appointed as the trustee in bankruptcy of the Gyeonggi Savings Bank. (b) The Defendants’ claim for the transfer of ownership was made on September 9, 201, the Plaintiff acquired ownership by completing the registration procedure for the transfer of ownership on the ground of sale on February 1, 2000 with respect to the land of 158 square meters in Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “instant land”).

2) On September 27, 2011, the Defendants registered the right to claim transfer of ownership as indicated in Paragraph (2) of the Disposition on the ground of trade reservation on June 14, 2005 with respect to the instant land (hereinafter “the instant provisional registration”), and the sales reservation, which is the cause of the instant provisional registration, is “the instant trade reservation”.

(C) At the time of the provisional registration of this case, C’s self-governing property C was completed. As of September 27, 201, which was at the time of the provisional registration of this case, totaling KRW 20,541,800, including the land of this case and the land of this case, tax base of KRW 10,730,00 (10,730,000) and KRW 74,00,00,000 (9,811).

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