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(영문) 수원지방법원 안양지원 2017.01.26 2015가단11579
사해행위취소
Text

1. The sales contract concluded on January 21, 2015 between B and the Defendant with respect to the real estate indicated in the indication of attached real estate was 12.

Reasons

In fact, the Plaintiff of the preserved claim shall lend the loan debt to C Co., Ltd. (hereinafter referred to as “C”), as shown below, and the loan debt to B is jointly and severally guaranteed within the limit of the limit of the collateral guarantee as specified in the following table.

The loan amount of KRW 40,00,000 from November 13, 2015, KRW 60,000 to KRW 60,000 to KRW 720,000 to KRW 1,000 to KRW 2,000 to KRW 4,00 to KRW 4,00 to KRW 4,00 to KRW 13,00 to KRW 13,00 on November 13, 2015, the interest on the loan of KRW 40,00 to KRW 4,00 from around December 2014, and the interest on the loan of KRW 60,00 from April 2015 to KRW 60,00,00 each time.

The amount of loans extended to Plaintiff C as of June 2, 2015 is as follows:

The agreement on the overdue interest rate of 160,00,000 489,460,460 417,40260,906,862 240,000,000 1,149,1060,149,149,106, 1000,000 1,638,566 417,402,05,968 Real Estate Disposition A lent KRW 15 million to B and its wife on December 30, 2013.

B On January 21, 2015, the Defendant and B sold to the Defendant the real estate indicated in the Annexed Real Estate (hereinafter “instant real estate”) for KRW 60 million. Of the purchase price, KRW 40 million is substituted by the Defendant’s acceptance of the obligation to return the lease deposit against the lessee of the instant real estate in lieu of the Defendant’s acceptance of the obligation to return the lease deposit amount of KRW 40 million against the lessee of the instant real estate, and KRW 15 million is to substitute the Defendant’s repayment of the loan claim of KRW 15 million against B and D (hereinafter “instant sales contract”). On January 28, 2015, the Defendant completed the registration of ownership transfer to the Defendant on January 28, 2015.

B’s property status at the time of the instant sales contract exceeds the positive property.

The active property is the only real estate of this case worth approximately 60 million won at the market price. At the time of the instant sales contract, the right to collateral security, which is the maximum debt amount of 12 million won, to our bank with respect to the instant real property (hereinafter “Korea bank”).

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