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(영문) 대전지방법원논산지원 2019.02.21 2018가단21640
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The pertinent Plaintiff is a creditor of C, and the Defendants are those who purchased each of the 1/2 shares of each of the real estate listed in the separate sheet from C (hereinafter collectively referred to as “each of the instant real estate”).

On August 24, 2016, the Plaintiff’s claim against C was granted a loan from a corporate bank (hereinafter “corporate bank”) on August 24, 2016, after entering into a credit guarantee agreement with the guarantee period of KRW 85 million and the guarantee period of KRW 100 million on August 23, 2017, and C received a loan from the corporate bank as collateral.

C A delayed performance of obligation and loss of the benefit of time on October 11, 2017, the Plaintiff subrogated 86,675,877 won to a corporate bank on December 21, 2017 in accordance with the credit guarantee agreement with C.

At present, the Plaintiff’s claim for indemnity against C remains 60,639,610 won (=54,240 won for attempted penalty of KRW 642,019 for liquidated damages of KRW 59,443,351 for subrogation) and damages for delay.

On June 15, 2017, the instant sales contract C sold 1/2 shares of each of the instant real estate to the Defendants in total at KRW 40 million (hereinafter “instant sales contract”). Accordingly, the Defendants completed the registration of ownership transfer as to each of the instant real estate’s shares to the Daejeon District Court Branch No. 18946, Jun. 19, 2017.

At the time of the instant sales contract, C did not have any specific property other than each of the instant real estate, the market price of which is approximately KRW 42,384,600, but at the time C had a large number of obligations to financial institutions, including KRW 102,00,000, and KRW 600,000, as to D Co., Ltd.

【In the absence of dispute over the grounds for recognition, Gap evidence 1 through 6, Eul evidence 1 through 4 (including each number, if any), the result of the appraisal of market price by this court, the fact-finding reply to the Court Administration of this Court, and the Director of Information Center of this Court.

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