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Reasons
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(영문) 서울북부지방법원 2014.12.19 2013가단105073
사해행위취소
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1. Of the instant lawsuit, the part concerning the revocation of the donation contract and the claim for return of value shall be dismissed.

2. The plaintiff's remainder.

Reasons

1. Facts of recognition;

A. The Busan Savings Bank Group composed of the Busan Savings Bank Co., Ltd. established a special purpose company (hereinafter “SPC”) for real estate development projects, etc. B from June 2006 to August 8 of the same year, which belongs to one of the above SPC, and from October 12, 2006, it was appointed as the auditor of C Co., Ltd. (hereinafter “Nonindicted Company”) which is the SPC of the Busan Savings Bank Group (hereinafter “SPC”) and was registered as a shareholder.

On October 12, 2006, B was appointed as an auditor on the corporate register of the non-party company, but retired on March 31, 2009 and again retired on August 5, 2009, but was registered as retired on March 31, 2012. B received KRW 1.5 million per month in return for the registration as the auditor and shareholder of the non-party company from October 2006 to April 2008.

B. On October 23, 2006, Busan Savings Bank (hereinafter “BF”) has been managing KRW 15,000,000 at the interest rate of KRW 11% per annum on October 23, 2006 and on October 23, 2011 on the repayment date (hereinafter “instant loan”).

The loan of this case was deposited into the account in the name of B on October 23, 2006, and was immediately withdrawn and deposited into the account in the name of “D” which was registered as the auditor of the non-party company at the time of the loan contract.

C. On November 23, 2011, the Plaintiff (the name of July 15, 2013 was changed from the Solo Savings Bank to the ASEAN Savings Bank) acquired the loan credit against the Busan Savings Bank from the Busan Savings Bank by the Financial Services Commission’s decision on November 23, 201 pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

B On June 18, 2008, between the Defendant and his wife, “The instant real estate” (hereinafter referred to as “instant real estate”) is the case.

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