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(영문) 서울중앙지방법원 2016.11.25 2016가합1422
사해행위취소 등
Text

1. Of the instant lawsuit,

(a) the revocation and restitution of fraudulent act with respect to each real estate listed in separate sheet 1 and 2;

Reasons

In fact, the Plaintiff and C Co., Ltd. (hereinafter referred to as “C”) entered into a credit transaction agreement with the Industrial Bank of Korea on the following terms:

B At the time of each credit transaction agreement as above, C guaranteed the interest rate of June 23, 201 on June 23, 2010 on the date of expiry of the original credit extension period, 70,000,000,000 on June 23, 201, 200 on June 23, 201, the rate of 84,000,000,000 on February 5, 201, 200 on February 1, 200, 36,000,000 on March 1, 200, 200 on October 10, 200,000 on August 8, 200, 1200,000 on 120,000,000,000 on 120,000,000 on 30/30, 3010;

(hereinafter “instant joint and several liability agreement”). On February 28, 2013, the Industrial Bank of Korea (hereinafter “the instant joint and several liability agreement”). On March 27, 2013, 2013, the Industrial Bank of Korea transferred the said loans, etc. to the Plaintiff on August 7, 2015, and notified the Plaintiff of the transfer of the said loans, etc., respectively.

B’s disposal of the instant real estate Nos. 1 and 2, and B’s property status B, on the ground of the pre-sale agreement on November 7, 2012 with respect to each of the real estate listed in [Attachment List Nos. 1 and 2 (hereinafter “instant real estate”) listed in [Attachment List No. 1 and 2] (hereinafter “the first pre-sale agreement”), the Daejeon District Court completed the provisional registration of the right to claim ownership transfer under the receipt of No. 16585 on November 7, 2012, the registration of ownership transfer was completed by the Defendant on the ground of the sale following the completion of the said pre-sale agreement on December 3, 2012 (hereinafter “the first pre-sale agreement”).

With respect to the instant real estate Nos. 1 and 2, the Defendant paid KRW 85 million to D with respect to the establishment registration (the maximum amount of claims KRW 120 million, and the debtor B) of the establishment of a neighboring mortgage in the name of D on June 11, 2012, as to the instant real estate.

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