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(영문) 대구지방법원경주지원 2017.12.19 2017가단10056
사해행위취소
Text

1. The Defendant and Nonparty B entered into a contract on September 24, 2015 with respect to the share of 1,653/45,719 square meters among forest land C 45,719 square meters in Yangsan-si.

Reasons

1. Facts of recognition;

A. On October 19, 2012, the Plaintiff entered into a loan agreement with D’s operator B, which provides that KRW 200,000,000 as development technology commercialization funds shall be repaid at an interest rate of 3.06% per annum, and the principal shall be repaid on the repayment date every one month every three years after the lapse of two years, and the interest shall be paid on the repayment date, and the interest shall be paid on the repayment date, but if the interest is not paid on the payment date, it shall be paid on the payment date per month, and on October 24, 2012, the Plaintiff loaned the above money on October 24, 201.

B. On January 7, 2013, the Plaintiff, B, and D Co., Ltd. (which appears to have been converted into the above D) entered into a debt acquisition agreement with D Co., Ltd. on the assumption of the obligation of the above loan, and B, the representative director of D Co., Ltd., on the same day, jointly and severally guaranteed the above loan obligation.

(hereinafter referred to as the "joint and several guarantee claim for the plaintiff B due to the above joint and several guarantee" shall be the case's joint and several guarantee claim.

D Co., Ltd. failed to repay the principal and interest under the loan agreement after October 23, 2015, and lost the benefit of time on April 11, 2016.

As of September 24, 2015, the remaining principal and interest obligation of D Co., Ltd. to the plaintiff was KRW 153,277,731.

B on September 24, 2015, the Defendant sold 1,653/45,719 shares (hereinafter “instant real estate”) out of the purchase price of KRW 15,00,00,00 in Yangsan-si, a forest land 45,719 square meters, which is the only property of the Defendant (hereinafter “instant sales contract”), and on the same day, completed the registration of ownership transfer for the instant real estate to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 2, and the fact-finding results of this court's fact-finding, the purport of the whole pleadings

2. Determination as to the cause of action

(a) selling real estate, which is the sole property of the debtor, and replacing it with money that can be consumed by the debtor.

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