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(영문) 수원지방법원 안산지원 2018.12.19 2017가단64463
사해행위취소
Text

1. The sales contract concluded on August 4, 2016 between the Defendant and B on the real estate listed in the separate sheet is KRW 39,608,296.

Reasons

1. 사실관계 다음과 같은 사실은 당사자 사이에 다툼이 없거나, 갑 1∽18호증(가지번호 포함)의 각 기재에 의하여 이를 인정할 수 있다.

① On June 21, 2016, the Plaintiff entered into a guarantee insurance contract (the amount of insurance coverage: KRW 50 million; and the period of insurance coverage: from July 1, 2016 to June 30, 2017) with the non-party C (hereinafter “non-party C”) to ensure the payment guarantee of the price of credit when the non-party C supplied goods from the non-party DK (hereinafter “insured”).

② The rate of delay damages determined by the Plaintiff shall be 6% per annum from the day following the date of the payment of insurance proceeds to 30 days, 9% per annum from 31 to 90 days, and 12% per annum from the expiration of 90 days.

③ Upon entering into the above guarantee insurance contract, B jointly and severally guaranteed the debt owed to the Plaintiff of the non-party company.

④ On September 26, 2016, Nonparty Company filed an application for rehabilitation with the Suwon District Court 2016 Ma10042, and the insured was paid KRW 44,743,466 on October 4, 2016 by claiming insurance money under the instant guarantee insurance contract to the Plaintiff on October 20, 2016.

B, on August 4, 2016, a sales contract was concluded to sell real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant for KRW 350,000,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer on September 9, 2016.

① On October 30, 2013, B completed the registration of creation of a neighboring mortgage, which is a maximum debt amount of the instant real estate amount of KRW 302,400,000, the debtor B and the debtor, the collateral security company, the Korean bank (hereinafter “Korea bank”).

② At the request of the Bank of Korea from the mortgagee, the voluntary auction procedure was in progress with respect to the instant real estate and sold to a third party.

On November 2, 2018, a distribution schedule was prepared to distribute KRW 39,608,296 to the Defendant on the ground that he/she is the “owner” in the third order.

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