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(영문) 대구지방법원포항지원 2015.10.13 2013가단6696
사해행위취소
Text

1. The sales contract concluded on January 31, 2013 between Nonparty A and the Defendant with respect to each real estate listed in the separate sheet is 37.

Reasons

1. Establishment of a fraudulent act;

A. The facts of recognition 1) The Plaintiff’s credit against A around March 3, 200 entered into a contract with the Plaintiff (former: EL Card Co., Ltd.) to enter into a credit card membership agreement with the Plaintiff, but failed to repay the loan from February 12, 2013. The Plaintiff has a credit card payment claim amounting to KRW 37,287,875 as of June 28, 2013. (2) A and the Defendant entered into a sales contract between A and the Defendant on January 31, 2013 to sell each real estate listed in the separate sheet (hereinafter “each real estate of this case”) for KRW 400 million (hereinafter “instant sales contract”). On February 1, 2013, the Plaintiff received the registration of ownership transfer with the Jeju District Court under the title 315 Jeju District Court.

3) Insolvent A, at the time of the instant sales contract, did not have any active property other than each of the instant real estate. On the other hand, even if it excludes the Plaintiff’s obligation, there were joint and several liability of 5.4 billion won or more in total to creditors such as the Credit Guarantee Fund, Seoul Guarantee Insurance Fund, the Litton Co., Ltd., and the creditors such as Geumcheon Saemaul Depository, C, D, E, F, etc., and principal liability of 450 million or more. 4.5 million won in total. 4) After the conclusion of the instant sales contract for each of the instant real estate after the conclusion of the instant sales contract, Cheongju District Court B, upon the application of the Geumcheon Saemaul Saemaul Community Fund’s Voluntary Auction, had commenced the auction procedure with respect to each of the instant real estate in question. The auction court shall first order from among the proceeds of the instant case’s distribution procedure to the Geumcheon Saemaul Community Fund, the mortgagee, the mortgagee of which, in the order of 589,610,000 won, 3000, 4000, 3000.

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