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(영문) 제주지방법원 2014.06.20 2012가단31948
사해행위취소
Text

1. As to real estate listed in Attachment 2:

A. Defendant B and Nonparty H entered into on August 2, 201.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff is Nonparty J Co., Ltd. (hereinafter “J”) as stated in the “1. Credit Guarantee Agreement” in the attached Table.

) and K Co., Ltd. (hereinafter referred to as “K”);

A) A credit guarantee agreement was entered into with the Plaintiff, and Nonparty I, and H, etc. jointly and severally guaranteed each of the above credit guarantee agreements. 2) J (which was incorporated into K on December 19, 201) and K have been granted a loan from the bank as collateral, as stated in the “2. Claim for Reimbursement” in the attached Table. However, K did not pay the loan in full, and there was a reasonable account as of January 18, 2012. In accordance with the said credit guarantee agreement, the Plaintiff made a subrogation under the said credit guarantee agreement, and the Plaintiff has a claim for indemnity of KRW 1,142,43,244 as the principal debtor and the joint and several surety.

B. The I’s disposal act owned the real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) but concluded a sales contract on August 16, 201 with Defendant A with respect to the instant real estate No. 1 and completed the registration of ownership transfer as the Jeju District Court No. 59480 on August 17, 2011 due to the said sales contract.

C. H’s dispositive act 1) H is the real estate in [Attachment 2 through 6] in [Attachment 2-6].

(2) On August 2, 2011, H entered into a donation agreement with Defendant B on August 2, 201, and completed the registration of ownership transfer under the Jeju District Court’s receipt No. 57542 on August 5, 2011 due to the said donation agreement. ② Defendant B entered into a mortgage agreement with Defendant G on December 7, 201, and completed the registration of ownership transfer under the Jeju District Court’s receipt as of December 13, 201, as of December 13, 201, the establishment of a mortgage with the content of KRW 90870,000, the amount of which is KRW 150,000 was KRW 150.

3 As to the instant real estate Nos. 3 and 4, and ① H is between Defendant B and July 18, 201.

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