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(영문) 서울북부지방법원 2015.05.26 2014가단102736
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On June 18, 2009, 100, 100, 100, 100,000, 100,000, 100,000,000 joint and several sureties Co., Ltd., the principal debtor as the guarantee date for the conclusion of a credit guarantee agreement and joint and several sureties agreement:

B. The occurrence of a credit guarantee accident and subrogation (1) and the Plaintiff agreed that the Plaintiff shall be entitled to advance indemnity upon the occurrence of a public information registration cause, such as local taxes in arrears (Article 6(1)4 of the Credit Guarantee Agreement), and C was registered as credit information delinquent on February 19, 2013.

(2) On April 3, 2013, one month after February 19, 2013, the Plaintiff acquired the right to demand ex post facto reimbursement against C by discharging the obligation to the Bank of Korea on April 3, 2013, and by paying the credit guarantee obligation on June 27, 2013, by paying the obligation to Korea Bank by subrogation.

C. C’s disposal act (1) On November 30, 2000, upon obtaining a construction permit to construct the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant building”) on the ground of the Gyeonggi-do Yangyang-gun owned by Defendant A (hereinafter “instant building”), and obtained the approval for use on May 12, 2001.

Since then C entered into a sales contract with Defendant A (hereinafter “instant sales contract”) on June 28, 2012 without completing registration of preservation of ownership of the instant building, and the same year.

7.2. The registration of ownership transfer was made on the same day in order with the head of Suwon District Court No. 27903, and the registration of ownership transfer was made on the same day.

(2) On March 16, 2011, C created a right to collateral security of KRW 210 million with respect to the real estate specified in the attached list Nos. 2 through 6 (hereinafter “instant land”) to Defendant B, a private village partner, as indicated in the attached list Nos. 2 through 6 (hereinafter “instant land”).

After September 17, 2012, C shall be 150,000,000 won to the National Forestry Cooperatives of Female-gun, the maximum amount of debt.

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