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(영문) 전주지방법원 2017.08.18 2016가단30755
사해행위취소
Text

1. As to real estate listed in the separate sheet:

(a) The reservation made on April 23, 2013 by Defendant B and E shall be revoked.

Reasons

1. Determination as to claims against Defendant B and C

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act) by public notice (Article 208 (3) 2 of the Civil Procedure Act): Defendant C: Judgment by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against the Defendant Jeonju Tcheon Credit Union and D

A. On August 6, 2012, the Plaintiff entered into a monetary loan agreement with B on September 5, 2012, with a maturity of KRW 50 million at KRW 30,000,000,000 as the interest rate of KRW 30,000,000, and E jointly and severally guaranteed the Plaintiff’s obligation to guarantee the guarantee limit of KRW 70,000,000,000 (B and E).

(2) 2) E completed the registration of ownership transfer on March 22, 2013 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) based on the sale and purchase (a seller, a subsidiary house, and a transaction value of KRW 79.6 million), which was received on April 15, 2013 by the Jeonju District Court indictment No. 24137, Apr. 15, 2013.

3) Defendant Jeonju National Credit Union (hereinafter “Defendant New Union”)

(4) As to the instant real estate, Defendant D completed the registration of the establishment of a mortgage on the instant real estate by creating a contract with the Jeonju District Court No. 9823, Nov. 13, 2013, under Article 99823, which was received on Nov. 13, 2013, with respect to the instant real estate, the maximum debt amount of KRW 425,00,000, and KRW 425,000 with respect to the establishment of a mortgage on the debtor B, based on the contract concluded on May 6, 2013.

5 Defendant E bears a large number of obligations. However, Defendant E’s application for voluntary auction by an inshore promising fisheries cooperative, sold a F 492m2 and a 6-story building in Seongdong-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, and a G 165.3m2 and H 168.6m2 in Jeonjin-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, but part of the sale price.

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