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(영문) 수원지방법원성남지원 2017.06.27 2014가합3678
사해행위취소
Text

1.(a)

The sale and purchase contract of January 23, 2014 for each real estate listed in the separate sheet concluded between B and the Defendant is 124,05.

Reasons

1. Basic facts

A. On January 15, 2013, the Plaintiff, including the conclusion of a guarantee insurance contract, concluded a guarantee insurance contract between B and B with the insured (hereinafter “insured”) and the insurance amount of KRW 120 million, and the insurance period from January 25, 2013 to January 24, 2014 (the delayed damages shall be the interest rate set by the Plaintiff within the maximum of the overdue interest rate set by the Plaintiff among the overdue interest rates of the financial institution from the following day of the payment of the insurance amount until the day of the full payment; hereinafter “instant guarantee insurance contract”), and D jointly and severally guaranteed the Plaintiff under the instant guarantee insurance contract.

B. As a guarantee insurance accident that prevents the Plaintiff from paying the insurance proceeds to the insured (hereinafter “instant insurance accident”), the insured claimed insurance proceeds under the instant guarantee insurance contract to the Plaintiff on December 20, 2013, and the Plaintiff paid KRW 120 million to the insured on January 23, 2014.

C. 1) B’s disposal of each of the instant real property on January 23, 2014, each of the instant real property indicated in the separate sheet (hereinafter “each of the instant real property”) between the Defendant and the Defendant on January 23, 2014.

(2) The Defendant’s sales contract to sell the purchase price to KRW 2.1 billion (hereinafter “instant sales contract”).

(2) On the same day, the registration of ownership transfer under the name of the Defendant was completed as to each of the instant real estate in accordance with the above sales contract as to each of the instant real estate in accordance with Article 5314 on the same day after deducting the total amount of KRW 15,55 million from the Defendant’s lease deposit (i.e., KRW 2., KRW 100 million - KRW 15,55 million). (ii) As to each of the instant real estate as to each of the instant real estate in accordance with Article 36784, which was received by June 8, 2012, the amount of claim collection amount of KRW 2.45 billion, the debtor B, and the new bank (hereinafter “new bank”).

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