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(영문) 전주지방법원군산지원 2019.05.24 2018가단55225
사해행위취소
Text

1. The right to claim the transfer of ownership between the Defendant and B on November 27, 2017 with respect to the area of 731 square meters in Gunsan-si.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff Co., Ltd. (hereinafter “D”)

(1) Each credit guarantee contract (hereinafter referred to as the “instant credit guarantee contract”) guaranteeing the performance of the obligation to repay loans to the Industrial Bank of Korea, etc. as set out in Table 1, as follows:

(2) On March 30, 2017, the Bank of Korea, etc. issued a credit guarantee certificate from the Plaintiff as collateral and obtained a loan from the Industrial Bank of Korea, etc. Around March 30, 2017, the Bank of Korea concluded a credit guarantee certificate of No. 1 E 392,350,000,000 of the guaranteed principal of the guaranteed principal (the original guaranteed principal) on March 30, 2017. D’s representative director B guaranteed all the obligations owed to the Plaintiff under the instant credit guarantee agreement at the time of concluding the instant credit guarantee agreement.

B. The occurrence of a credit guarantee accident and the Plaintiff’s subrogation D delayed payment of interest, etc. and caused a credit guarantee accident on or around September 7, 2015, and the Plaintiff subrogated for KRW 768,594,266 in total, as indicated below, according to the credit guarantee agreement in the instant case.

Industrial Bank of Korea 1 Industrial Bank of Korea Act of February 23, 2017 224,434,042 on the date of subrogation by the guaranteed financial institution: (i) the Small and Medium Business Corporation on February 2, 2016; (ii) 139,459,973 H Bank 3 on April 26, 2016;

B. B’s act of disposing of property in B is the instant real estate between the I and the I on August 3, 2017.

(2) On November 27, 2017, B entered into a pre-sale agreement with respect to the transfer of ownership, and completed a provisional registration of the right to claim transfer of ownership based thereon on the pre-sale agreement (hereinafter “instant transfer agreement”), and completed a supplementary registration prior to the transfer of ownership under the name of the Defendant on November 29, 2017 as the Military Branch of the Jeonju District Court was received on November 29, 2017, under the name of the Defendant on November 29, 2017.

hereinafter referred to as "the case."

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