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(영문) 광주지방법원해남지원 2017.10.31 2016가단21435
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 1, 2012, the Nonghyup Bank lent KRW 200,00,00 to the obligor on the loan, and the Plaintiff and the obligor concluded a credit guarantee agreement with the effect that the Plaintiff guarantees the obligor’s loan to the Nonghyup Bank on July 31, 2012 prior to the conclusion of the said loan agreement. The obligor pays guarantee fees, fines for negligence, and penalty as determined by the Plaintiff, and if the Plaintiff subrogated to pay by subrogation, the amount of subrogation, expenses incidental thereto, and damages therefrom, etc. (hereinafter “instant guarantee agreement”).

(2) The obligor, on March 21, 2016, lost the benefit of time by delaying the performance of obligations under the above loan agreement, such as failure to pay interest under the loan agreement, and the Nonghyup Bank claimed the Plaintiff to discharge the guaranteed obligation.

On March 25, 2016, the Plaintiff subrogated 162,578,138 won to the obligor’s Nonghyup Bank.

B. The debtor, on January 26, 2016, entered into a sales contract with the Defendant A and the debtor, setting the sales amount of KRW 100,000 with respect to the instant real estate No. 1, which is owned by the debtor, as KRW 1,00,000 (hereinafter “the first sale”).

() On January 29, 2016, Defendant A completed the registration of ownership transfer on the instant real estate on the ground of the first sale of the instant real estate (hereinafter “instant registration of ownership transfer”) (hereinafter “instant registration”).

(2) On January 21, 2016, the debtor entered into a sales contract with Defendant B and the debtor for KRW 90,000,000 with respect to the instant real estate owned by the debtor (hereinafter “instant second sale”), and on January 22, 2016, the registration of ownership transfer was completed in the future of Defendant B on the ground of the instant second sale on the instant real estate.

(hereinafter “Registration of transfer of the second ownership”) C.

The debtor's property status of the debtor is equivalent to about 190,000,000 won in each of the real estate and market price of this case at approximately 27,692,00 won at the time of each of the instant transactions and ownership transfer registration.

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