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(영문) 수원지방법원 2016.11.24 2015나39200
사해행위취소
Text

1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 59,259,835 and objection thereto.

Reasons

1. The following facts do not conflict between the parties, or each of the statements in Gap evidence Nos. 1, 2, 3-1, 3-9, Gap evidence No. 4-2, 1, 2, 6-9, 17, and 19 may be acknowledged by adding up the whole purport of the arguments.

B) On February 10, 209, the Credit Guarantee Fund entered into a credit guarantee agreement with B on February 10, 2009. B obtained a loan of KRW 110,000,000 from the Industrial Bank of Korea as security on March 26, 2010. B (2) on July 23, 2014, the Credit Guarantee Fund lost the benefit of the loans extended to the Industrial Bank of Korea, and the Credit Guarantee Fund subrogated for KRW 85,343,495 to the Industrial Bank of Korea on September 17, 2014 upon the Bank’s request for the performance of the guaranteed obligation.

B. A real estate transaction 1) B between B and the Defendant is between B and the Defendant, who is an employee of “C” operated by B and a deceptive interest as of April 21, 2014, and the Defendant, as indicated in the separate sheet owned by B (hereinafter “instant real estate”).

A) The sales contract to sell 180,000,000 won to the Defendant for sale (hereinafter “instant sales contract”).

After the conclusion of the contract, on April 28, 2014, the registration of ownership transfer was completed with respect to the instant real estate to the Defendant on the other hand. On the other hand, on October 16, 2009, the registration of ownership transfer was completed with respect to the instant real estate with respect to the collective security (hereinafter “instant collective security”). The instant collective security was transferred to the Korea Housing Finance Corporation on the ground of a final claim transfer on November 10, 2010, on the ground that the right to collateral was revoked on April 29, 2014, on the ground of termination on April 28, 2014. On April 28, 2014, the Defendant completed the registration of ownership transfer with respect to the instant real estate with the maximum debt amount of KRW 162,00,000, the maximum debt amount of the instant real estate amount of KRW 162,000.

hereinafter referred to as the “mortgage”).

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