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(영문) 대구지방법원 2018.05.04 2016가단122826
사해행위취소
Text

1. The sales contract concluded on March 17, 2016 between the defendant and the non-party B on the real estate stated in the separate sheet was 85,726.

Reasons

Basic Facts

On December 4, 2012, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter referred to as “C”) with respect to the obligation of loans to C to the Agricultural Bank Co., Ltd. by the guarantee limit of KRW 90 million, guarantee period of KRW 2,000,000, and December 2, 2016. On the same day, B guaranteed C’s obligation under the said credit guarantee agreement.

C In the event of a credit guarantee accident due to delinquency in the above loan obligation, the Plaintiff repaid the loan principal of KRW 85 million and interest KRW 938,344 on September 2, 2016 to KRW 85,938,344.

On October 6, 2016, the Plaintiff filed an order for payment with B and C seeking the payment of the unrefied amount of reimbursement, and on October 6, 2016, the Plaintiff received an order for payment (Tgu District Court 2016 tea12812), stating that “B and D jointly pay the Plaintiff damages for delay of KRW 85,726,492 and KRW 85,726,434 among them,” and the said order for payment was finalized on February 23, 2017.

B and on March 17, 2016, B, including the Defendant’s sales contract, sold real estate (hereinafter “instant real estate”) listed in the separate sheet (hereinafter “instant sales contract”) for KRW 230 million, which is its sole property, to the Defendant (hereinafter “instant real estate”) and completed the registration of transfer of ownership on March 30, 2016 to the Defendant on the ground of the instant sales contract.

As to the instant real estate, the establishment registration of the instant collateral was completed on November 9, 201, the maximum debt amount of KRW 96 million, the establishment registration of the neighboring mortgage under the name of the National Bank Co., Ltd., the debtor B (hereinafter referred to as the “registration of the establishment of the neighboring mortgage”) (hereinafter referred to as the “instant collateral security”) and on March 31, 2016, the establishment registration of the neighboring mortgage was revoked on the ground of termination on March 31, 2016. The amount of the secured debt amount of KRW 79,867,979 around that time.

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