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(영문) 대구지방법원 2016.05.26 2015가단33905
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On March 27, 2014, subsidiary Tech Co., Ltd. (hereinafter “Nonindicted Company”) borrowed KRW 200 million from the Plaintiff on May 30, 2014 at the maturity of payment, and interest and delay damages at the rate of 9% per annum.

On July 28, 2014, the non-party company entered into a pre-sale and sales contract (hereinafter “instant pre-sale and sales contract”) with the Defendant for the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of transfer of ownership as of August 1, 2014 by the Daegu District Court No. 15071, Daegu District Court, as of August 1, 2014, the registration of transfer of ownership was completed on September 2, 2014.

However, at the time of the conclusion of the instant promise to sell and purchase the instant real estate, the instant real estate was worth KRW 1,104,679,150 for the company’s active property (as of July 1, 2014) while the instant real estate was located on the part of the non-party company. However, the small property was a debt exceeding the active property of KRW 200 million for the Plaintiff, KRW 938,950,00 for the Korea Technology Credit Guarantee Fund, KRW 750,03,425 for the limited liability company specialized in the third securitization of the new 2013th 3rd 2013, KRW 389,83,015 for the Industrial Bank of Korea, and KRW 1,300,000 for the Daegu Bank of Korea.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 4, 5, 6, 8, 9, 10, 11, and 13-2, Eul evidence 3, and Eul evidence 3-2, and the court's financial transaction information reply to the Daegu President of the Daegu Bank of Daegu Bank of Korea as a result of this court's financial transaction information reply, the purport of the whole pleadings, and the plaintiff's assertion that the plaintiff and the plaintiff asserted against the non-party company had the loan claim against the non-party company as above. The plaintiff's claim against the non-party

The non-party company has completed provisional registration and principal registration of transfer of ownership in the name of the defendant with respect to the real estate of this case, which is the only property of the company for the repayment of debts to the defendant, who is a specific creditor.

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