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(영문) 서울중앙지방법원 2017.10.27 2016가단5273546
사해행위취소
Text

1. As to shares 2/15 of the real estate listed in Schedule 2 to 4,

A. On June 2014 between Defendant B and C.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against C 1) The Plaintiff is Nonparty D (hereinafter “D”) around August 8, 2012, around August 8, 2012.

2) As between the insured Co., Ltd. and the Insured Co., Ltd. (hereinafter referred to as “Macochix”)

() A guarantee insurance contract which guarantees the obligation to return advance payment that D received pursuant to a sales contract concluded between Switzerland and November 11, 2013, setting the insurance coverage amount of KRW 330 million, and the insurance coverage period from August 8, 2012 to November 11, 2013 (hereinafter “instant guarantee insurance contract”) (hereinafter “instant guarantee insurance contract”).

(2) On September 4, 2013, 201, Nonparty C, a representative of the Nonparty Company, guaranteed the Non-Party Company’s liability for reimbursement under the instant guarantee insurance contract. However, on October 2, 2013, Scopex notified the Plaintiff of the cancellation of the sales contract as D’s obligation, and claimed for the payment of the insurance money. The Plaintiff paid KRW 184,80,000 to Scopex with the insurance money under the instant guarantee insurance contract.

B. On August 13, 2013, C entered into the instant lease agreement between C and Defendant A, and thereafter 1) C is the real estate listed in attached Table 1, which is owned by the Defendant A (hereinafter “instant real estate”).

2) As to the instant lease agreement, security deposit amounting to KRW 25 million (hereinafter “instant lease agreement”).

(2) On December 10, 2013, Seoul Central District Court E, and sold the instant real estate to a third party on July 16, 2014. Defendant A received dividends of KRW 25 million based on the right to preferential reimbursement of small amount deposit.

C. On June 18, 2014, C entered into the instant gift contract between C and Defendant B and the real estate indicated in paragraphs (2) through (5) of the attached Table Nos. 2 and 5 owned by Defendant B (hereinafter referred to as “real estate Nos. 2 through 5 of this case”).

As to shares 2/15 (hereinafter referred to as “instant donation contract”)

for this reason.

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