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(영문) 대전지방법원서산지원 2017.06.20 2015가단10174
사해행위취소
Text

1. As to shares of 1/2 of each of the real estates listed in Schedule 2 and 3:

A. On August 26, 2015, between the Defendant and B.

Reasons

1. Facts of recognition;

A. On August 28, 2014, the Plaintiff loaned KRW 200,000 to C Co., Ltd. (hereinafter “Nonindicted Company”) with the maturity of one year after the maturity of one, and KRW 50,000 as of August 26, 2015. The Plaintiff, a representative of the Nonparty Company, was jointly and severally guaranteed each of the above KRW 200,000,000 to the maximum of KRW 60,000,000,000.

B. On July 26, 2015, the non-party company paid only interest on each of the above loans until July 26, 2015. On September 17, 2015, the non-party company, as of September 17, 2015, bears the Plaintiff’s liability of KRW 50,330,546, including interest, with respect to the said KRW 200 million.

C. B entered into each sales contract with the Defendant on August 26, 2015, and the real estate listed in the separate sheet Nos. 1, 170,000,000 won, and 1/2 shares (B and D shared 1/2 shares, respectively) among each real estate listed in the separate sheet Nos. 2 and 3, as indicated in the separate sheet No. 2 and 200,000 won (hereinafter “instant sales contract”) and completed the registration of ownership transfer for the said real estate to the Defendant on the same day.

At the time of August 26, 2015, the Industrial Bank of Korea completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) that causes 200 million won to the obligor Nonparty Company and the maximum debt amount, and completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) that causes 700 million won to the whole share between D and B among each immovable set forth in the attached Tables 2 and 3

(Attachment 2) On September 15, 2009, after completing the registration of creation of the instant right to collateral security on the real estate listed in Annex 2, the real estate listed in Annex 3 was added as joint collateral on January 17, 2013.

Attached Form

The market price at the time of August 26, 2015 and the amount of secured debt of the right to collateral security established at that time are listed in the list as follows:

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