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(영문) 인천지방법원 2019.04.09 2018나58175
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

With respect to the real estate indicated in the attached list between the defendant and C.

Reasons

1. Facts of recognition;

A. 1) The Bankruptcy Trustee of the Korea Deposit Insurance Corporation of the Bankrupt Credit Cooperatives (hereinafter “Korea Deposit Insurance Corporation”)

(2) On December 14, 2006, the Incheon District Court 2004Gahap9776 filed a lawsuit against the Defendant and C, etc. (hereinafter the above court ordered the Defendant to pay damages for delay calculated at the rate of 20% per annum from September 7, 2006 to the day of full payment, and ordered the Defendant to pay damages for delay calculated at the rate of 111,50,000 won, jointly and severally with G, among the damages liability arising from embezzlement of the deposits of G and H, as the referees of G and H, and the amount of damages for delay calculated at the rate of 125,00,000 won per annum from September 7, 2006 to the day of full payment.

On January 18, 2007, the above ruling became final and conclusive on February 16, 2007 against the defendant, respectively.

3) On October 15, 2008, the Korea Deposit Insurance Corporation (hereinafter “Korea Deposit Insurance Corporation”) claims amounting to KRW 125,000,000,000 as principal amount of damages against C and damages for delay thereof, were changed to the trade name as of November 10, 2009.

(4) The Plaintiff’s claim against C is KRW 396,671,545 in total as of February 20, 2019 (i.e., principal amount of KRW 125,00,000,000) (i.e., KRW 271,671,545).

B. The defendant on August 26, 2003 (hereinafter "the real estate of this case") stated in the separate sheet on August 26, 2003 (hereinafter "the real estate of this case")

(2) On August 1, 2003, on the same day, the registration of the ownership transfer was completed due to the sale and purchase on August 1, 2003, and on the same day, the mortgagee registered the establishment of the mortgage on the instant real estate as E Saemaul Treasury with the debtor as the defendant and the maximum debt amount of 42,90,000 won. 2) The defendant registered the establishment of the mortgage on September 2, 2003 as C with the debtor as the mortgagee.

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