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(영문) 부산지방법원 서부지원 2018.02.02 2017가단103465
사해행위취소
Text

1. The sales contract concluded on May 17, 2016 between the Defendant and B on the real estate stated in the separate sheet was 124,863.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with B, which operates the company “C”, and entered into a credit guarantee agreement as described in the following table:

D E EF

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation 1) B provided a credit guarantee agreement and received money from an enterprise bank and Gyeongnam Bank on October 25, 2016, and caused a credit guarantee accident that has lost the benefit of time due to the occurrence of defective causes, such as representative, etc., recognition of bad credit standing, etc. (2) pursuant to the credit guarantee agreement, the Plaintiff subrogated for KRW 324,51,65 as listed below and subrogated for the amount of KRW 324,51,65 as listed below, and paid for the amount of KRW 324,51,65, and delayed payment for the amount, KRW 98,470, and KRW 961,238 for legal procedure costs.

D E EF

C. On May 17, 2016, the Defendant, who is the one under B and B’s disposal act of real estate stated in the separate sheet against the Defendant in B, is the real estate of this case as indicated in the separate sheet owned by B (hereinafter “instant”).

A) The sales contract with the purchase price of KRW 145 million was concluded with respect to the sales amount (hereinafter “instant sales contract”).

(2) On May 23, 2016, B completed the registration of ownership transfer under the name of the Defendant on the instant real estate on May 23, 2016, the Defendant repaid KRW 35,136,654 of the secured debt amount of the right to collateral security established on the instant real estate to Korea Exchange Bank, Korea, and cancelled the registration of ownership transfer on May 26, 2016.

B’s property status at the time of the instant sales contract, which was concluded on May 17, 2016, was in excess of the active property, and the instant real estate is the only real estate owned by B.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 1, 3 and 4 (including numbers), fact inquiry results of this court's credit information sources, the whole pleadings.

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