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(영문) 대전지방법원 2017.07.20 2016가단206526
사해행위취소
Text

1. As of November 25, 2015 regarding real estate stated in the separate sheet concluded between C and the Defendant, and as of February 1, 2016.

Reasons

1. Basic facts

A. On September 6, 2014, the Plaintiff paid 100,000,000 won per case to the non-party company as to the second floor of the building in which the non-party company operated the airline business and the second floor of the building in which the non-party company operated the airline business. If the non-party company performs the hedge business, the note that the non-party company would pay 500,000,000 won per case as to whether the loan was made to the non-party company, and 300,000 won per case as to whether the loan was made to the non-party company, and 150,000 won per case, the non-party company guaranteed 150, annually to the Plaintiff. The non-party company concluded a lease agreement with the representative director of the non-party company to compensate for the remaining number of the building in which the non-party company remains as 30,000,000 won per case, and the amount of the lease deposit to the non-party company is set up 1000,000.

At the time of the above agreement, the Plaintiff began business after paying deposit of KRW 100,000 to the non-party company.

B. C borrowed KRW 10,00,000 from the Plaintiff on December 5, 2014, and promised to repay by December 20, 2014.

C. However, the non-party company did not pay properly the fee guaranteed to the Plaintiff, and did not collect the number of auxiliary notes guaranteed to the Plaintiff, and did not pay compensation for less than the number of agreements.

Accordingly, the plaintiff notified the non-party company that the contract will be terminated at the end of 2015.

C purchased on September 20, 2014 the real estate listed in the separate sheet (hereinafter “instant apartment”) and completed the registration of ownership transfer on February 16, 2015, but did not create a collateral security to the Plaintiff. On February 16, 2015, the establishment registration of a collateral security was completed to the National Bank of Korea (hereinafter “National Bank”) on February 16, 2015 with the maximum debt amount of 277,200,000 won, and the F on the same day, with the maximum debt amount of 110,000,000.

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