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(영문) 서울중앙지방법원 2015.02.13 2013가단5129945
사해행위취소
Text

1. As to the real estate stated in paragraph (1) of the Attached List

A. The Defendant A and Nonparty C concluded on February 25, 2013.

Reasons

1. Basic facts

A. On February 13, 2012, the Plaintiff: (a) concluded a performance guarantee insurance contract with the insured small and medium enterprise distribution center, the insurance amount of KRW 500 million, and the insurance period from February 15, 2012 to February 14, 2013 in order to guarantee the payment of damages under the sales and supply contract to the small and medium enterprise distribution center, a stock company (hereinafter “D”) (hereinafter “small and Medium enterprise distribution center”); and (b) C entered into the same year.

2. 14. According to the above guarantee insurance contract, D guaranteed the Plaintiff’s obligation.

B. Although D received advance payment of KRW 500 million from the Small and Medium Enterprise Distribution Center on August 10, 2012 and agreed to repay until November 30 of the same year, an insured incident occurred that only repaid KRW 100 million on December 17, 2012 and did not repay the remainder, and the Plaintiff paid KRW 400 million to the Small and Medium Enterprise Distribution Center on April 19, 2013.

C. On February 25, 2013, C obtained a general loan of KRW 175 million from the Defendant Woori Bank Co., Ltd. (hereinafter “Defendant South Korea Bank”), and completed a registration of establishment of a mortgage over KRW 210 million with respect to the real estate listed in the attached Table No. 1 (hereinafter “instant first apartment”), as to the real estate in the attached Table No. 1 (hereinafter “instant apartment”), and the same year.

3.5. The same year for Defendant A who is a birth.

2.5. The registration of ownership transfer has been completed on the grounds of sale (240 million won).

On the other hand, Defendant A is the same year.

4. 19.19. The acquisition of the right to collateral security contract by the above defendant bank was taken over, and the debtor was changed from C to himself, and the maximum debt amount on the same day was reduced to KRW 210 million to KRW 184.8 million.

In addition, on March 6, 2013, C completed the registration of ownership transfer on the ground of the sale on February 26, 2013 (the transaction price of KRW 680 million) to Defendant B, who is the birthee, as well as the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant apartment”) on March 6, 2013.

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