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(영문) 부산지방법원동부지원 2019.10.16 2017가단213311
사해행위취소
Text

1. Of the instant lawsuit, a payment contract is entered into on August 20, 2014 with respect to the real estate stated in paragraph (3) of the attached Table among the instant lawsuit.

Reasons

1. Facts of recognition;

A. The Plaintiff’s joint and several guarantee claim 1) The Plaintiff is D Co., Ltd. (hereinafter “D”) on June 25, 2013.

(2) A loan agreement was made with 20,000,000 interest rate at 4.25% per annum (12% per annum) to lend the said money after concluding a loan transaction agreement (hereinafter “instant loan”).

(C) On the same day, C jointly and severally guaranteed the instant loan obligation amounting to KRW 240,00,000,000. 2) D delayed the performance of the principal and interest repayment obligation on the instant loan, and lost the benefit of July 20, 2016.

3) As of July 25, 2017, the remainder of the principal and interest of the instant loan is KRW 258,928,682. (b) C’s property disposal 1) completed each registration of transfer of ownership for the Defendant, who is the buyer on June 30, 2014, based on a payment contract in kind (hereinafter “first payment contract in kind”) on June 27, 2014 with respect to the instant real estate Nos. 1 and 2 to the Defendant.

2) On August 20, 2014, C entered into an accord and satisfaction contract with the Defendant on the same day (hereinafter “instant second accord and satisfaction contract”) with respect to the instant third real estate (hereinafter “instant third accord and satisfaction contract”); and the instant first accord and satisfaction contract is collectively referred to as “each of the instant accord and satisfaction contract”.

(C) On June 22, 2012, C completed the registration of ownership transfer under its name with respect to the first and second real estate of this case, and completed the registration of ownership transfer under its name on December 31, 1974, and completed the registration of ownership transfer under its name with respect to the third real estate of this case, C owned each of the instant real estate.

2) At the time of the first accord and satisfaction contract of this case, the registration of the establishment of the establishment of each of the following units on the real estate Nos. 1 and 2 of this case (hereinafter “registration of the establishment of each

There was a change in the number of people.

The maximum debt amount of the establishment registration of a mortgage on July 9, 2013: 97,200,000 won; C-mortgage: The debtor: the mortgagee; the Korea Housing Guarantee Co., Ltd.; and the secured debt amount: 81,00,000 won: the maximum debt amount of the establishment registration of a mortgage on August 16, 2013: 20,000,000 won.

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