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(영문) 서울중앙지방법원 2015.10.16 2015가단5016326
사해행위취소
Text

1. With respect to the area of 337 square meters and 212 square meters in Incheon-gun, Incheon-gun, Incheon-gun:

A. It was concluded on November 21, 201 between Nonparty D and the Defendant.

Reasons

1. Basic facts

A. In the Plaintiff’s claim against D, from July 201 to December 2011, the Plaintiff: (a) supplied or imported goods to Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”); and (b) obtained a total of KRW 970,405,679 on behalf of Nonparty Co., Ltd. (hereinafter “Nonindicted Company”); (c) the electronic bill, which was paid from Nonparty Co., Ltd. for the price of goods, was disposed of on January 2, 2012; and (d) transferred KRW 200 million out of the above claim against Nonparty Co., Ltd. to a third party around August 201, 201; and (e) the Incheon District Court rendered a lawsuit against Nonparty Co., Ltd. and its representative director, which jointly and severally guaranteed Nonparty Co., Ltd. for the debt of Nonparty Co., Ltd., Ltd., which became final and conclusive on December 21, 2012; and (e) paid damages for delay to Nonparty Co., Ltd., Ltd. and its representative director.

B. D’s disposal of property 1) On November 21, 201, 201, D is between the Defendant and the Incheon-gun, Incheon-gun, 337 square meters, and 212 square meters, both of which are owned by it (hereinafter “instant real estate”).

2) As to the sales contract, the sales contract is set at KRW 50 million (hereinafter “instant sales contract”).

Upon entering into a contract, on December 27, 2011, the Incheon District Court (hereinafter “instant ownership transfer registration”) No. 38198 shall be the Defendant’s receipt registration office of the Incheon District Court (hereinafter “instant ownership transfer registration”).

(2) At the time of the conclusion of the instant sales contract, D’s active property was only the instant real property with the market value of KRW 436,127,00,00,000 (hereinafter “F Apartment-gu”) and KRW 42,001,00,00 in the market value, which was equivalent to KRW 436,127,00,00, and the instant real property with the small property with the negative property was in excess of its obligation, as the Plaintiff’s debt was KRW 882,59,829,000.

3. On the other hand, on December 30, 201, D completed the registration of transfer of F apartment on December 29, 201 with respect to F apartment to Nonparty G on December 30, 201, but D, a creditor of D, filed by Nonparty Credit Guarantee Fund.

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