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(영문) 광주지방법원해남지원 2015.11.17 2014가단5453
사해행위취소 등
Text

1. As to real estate listed in the separate sheet

A. The Defendant and the Intervenor joining the Defendant concluded on September 12, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff’s preserved claim 1) National Agricultural Cooperative Federation (hereinafter “CF”)

) On October 2, 1995, C Co., Ltd. (hereinafter “Nonindicted Company”) shall be deemed to be a company outside Korea.

2) On September 15, 2003, KRW 490,000 per annum, 7% per annum, 17% per annum, 15% per maturity, and 490,000 per annum to the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”).

638,000,000 won and less than 638,000 won are joint and several sureties for the obligations of the non-party company to the Agricultural Cooperative (hereinafter “instant joint and several sureties”).

2) On October 30, 2001, the intervenor filed a lawsuit against the non-party company and the intervenor seeking payment of the above loan because the non-party company lost the benefit of time, and on October 30, 2001, the judgment of the court below that "the intervenor jointly and severally with the non-party company, etc., pay the plaintiff 294,00,000 won and damages for delay from September 16, 2000." The above judgment became final and conclusive on November 27, 2001.

3) On March 25, 2011, Nonghyup transferred the above claim against the non-party company and the intervenor to the Plaintiff and notified the non-party company and the intervenor of the transfer around that time. 4) The Plaintiff filed an application with the Intervenor for a payment order seeking the performance of the obligation based on the joint and several surety of this case and filed a payment order with the Gwangju District Court Decision 2014 tea14524, Sept. 25, 2014, stating that “the Intervenor would pay to the Plaintiff the amount of KRW 34,940,07 and delay damages for KRW 82,48,863 among them.”

The instant payment order was served on September 29, 2014 on the intervenors and became final and conclusive October 14, 2014.

B. On September 12, 2014, the Intervenor’s dispositive intervenor donated real estate (hereinafter “instant real estate”) listed in the separate sheet to the Defendant (hereinafter “instant dispositive act”) (hereinafter “instant dispositive act”); on the same day, the Intervenor completed the registration of transfer of ownership with the Gwangju District Court No. 21578, the registration of transfer of ownership with respect to the instant real estate under the same day.

C. The intervenor was in excess of his/her obligation at the time of the instant disposition. (1) The intervenor was in excess of his/her obligation.

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