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(영문) 의정부지방법원고양지원 2020.09.25 2019가단91677
사해행위취소
Text

1. Attached Form;

1. As to each real estate entered in the list:

A sales contract concluded on April 30, 2019 between Defendant A and C is concluded.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff runs retail business with the trade name “D” on November 30, 2017 (hereinafter “debtor”).

(1) The Plaintiff and the obligor guaranteed the obligor’s corporate bank’s debt KRW 79,900,000, and entered into a credit guarantee agreement with the effect that, in the event that the Plaintiff makes a subrogation, the amount of subrogation, expenses incidental thereto, and damages therefrom shall be paid (hereinafter “instant guarantee agreement”).

(2) Under the instant guarantee agreement, the Plaintiff issued a credit guarantee certificate to an enterprise bank (Evidence A 1). (2), when the obligor closes down his/her business, the Plaintiff is obligated to promptly pay the amount guaranteed to the Plaintiff.

3) The debtor discontinued the above retail business on May 10, 2019. B. The debtor’s disposal act 1) the debtor on April 30, 2019.

1. The Defendant A entered into a sales contract with respect to each of the real estate listed in the list (hereinafter “instant 1 real estate”) and completed the registration of ownership transfer in the future of Defendant A on the same day as the instant 1 sales contract (hereinafter “instant 1 sales contract”).

(hereinafter referred to as “the instant case”). 2 The debtor on May 13, 2019 attached Form 1

2. The registered real estate (hereinafter “the instant real estate”) entered into a sales contract with Defendant B on the same day (hereinafter “the instant sales contract”) and completed the registration of ownership transfer in Defendant B on the same day.

(hereinafter referred to as “the transfer registration of the second ownership of this case”) C.

At the time of the conclusion of the first sale contract of this case, the debtor had active property equivalent to KRW 305,240,100, including each of the instant real property. At the time of the conclusion of the second sale contract of this case, the debtor was liable for debts equivalent to KRW 449,990,00. At the time of the conclusion of the second sale contract of this case, the debtor had active property equivalent to KRW 255,240,100, including the instant real property, and was in excess of his liability.

[Reasons for Recognition]

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