logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2021.02.17 2020가단71447
사해행위취소
Text

1. The sales contract concluded on September 17, 2019 between the defendant and the non-party B on the real estate stated in the separate sheet was 14,492.

Reasons

1. Basic facts

A. On July 29, 2017, the Plaintiff entered into a credit guarantee agreement with the non-party company (hereinafter “the instant credit guarantee agreement”) with the non-party company at KRW 180,000,000,000 for the principal of the loan to the non-party company C (hereinafter “non-party company”) as a guarantee for the obligation to obtain a loan from D bank (hereinafter “non-party company”). The non-party company obtained a loan of KRW 200,000 from D bank as a security for the said credit guarantee.

2) On June 20, 2019, the Plaintiff concluded a credit guarantee agreement with the non-party company with the principal of the loan amounting to KRW 270 million (hereinafter “the instant credit guarantee agreement”). The non-party company obtained a loan from the Industrial Bank of Korea as a security for the said credit guarantee amounting to KRW 300 million.

3) Nonparty B, the representative director of the non-party company, was jointly and severally guaranteed the obligation of the non-party company to the Plaintiff under the above credit guarantee at the time of the instant credit guarantee.

3) On January 22, 2020, the Plaintiff was notified of a credit guarantee accident to the effect that “the Nonparty Company was in arrears with interest, etc. from October 28, 2019,” from D banks.

4) Accordingly, the Plaintiff subrogatedly repaid KRW 181,797,428 to the D Bank on February 12, 2020 according to the credit guarantee of this case.

5) Meanwhile, Nonparty Company closed its business on December 3, 2019.

B. (1) B, on September 19, 2019, sold the real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant, who was the subject of the purchase price at KRW 55 million (hereinafter “the instant sales contract”), and on September 26, 2019, the ownership transfer registration of the instant real estate was completed.

2) On July 28, 2016, E Union completed the registration of creation of the right to collateral security (hereinafter “registration of the right to collateral security”) causing the debtor B and the maximum amount of the claim 60 million won with respect to the instant real estate, and thereafter, E Union completed the registration of the right to collateral security (hereinafter “registration of the right to collateral security”).

arrow