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(영문) 서울고등법원 2016.06.17 2015나2060700 (1)
사해행위취소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. B’s loan debt 1) Yong-Nam Savings Bank Co., Ltd. (hereinafter “Ynam Savings Bank”) is limited to the Plaintiff.

C Co., Ltd. (hereinafter referred to as “C”) on December 7, 2007

On March 27, 2011, three billion won was determined and loaned to the Plaintiff on March 27, 201. B, the representative director of C, guaranteed the above loan obligations up to 3.9 billion won. 2) The Yong-Nam Savings Bank was declared bankrupt by the Busan District Court on September 26, 2013, and the Plaintiff was appointed as the bankruptcy trustee.

3) C failed to fully repay the loan obligation, and the unpaid loan obligation exceeds the amount of KRW 3.9 billion jointly and severally guaranteed by B (the Plaintiff filed an application with the Busan District Court for a payment order against C and B, seeking payment of the amount of KRW 4,581,246,681 and delay damages (the amount of loans KRW 4,581,246,681 and delay damages). The Busan District Court issued the payment order as mentioned above on July 23, 2015, but the amount became final and conclusive as it did not raise any objection thereto.

B) On May 28, 2014, B entered into a trade reservation between B and the Defendant, as indicated in the separate sheet owned by B (hereinafter “instant real estate”) between the Defendant and the Defendant.

2) As to the reservation to trade (hereinafter referred to as “instant reservation to trade”)

A) On the same day, the Defendant entered into a provisional registration of the right to claim ownership transfer on the same day. [The fact that there is no dispute over the grounds for recognition, entries in Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination

A. At the time of the promise to sell and purchase this case’s small property B, the joint and several liability amounting to KRW 3.9 billion was borne by the joint and several liability, and according to the fact-finding results with the fact-finding with respect to the Intellectual Property B, it can be recognized that the fact-finding agency B does not have any particular property other than the real property of this case. Barring special circumstances, the act of entering into the promise to sell and purchase the real property of this case, the sole property of which is the real property of this case, may cause

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