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(영문) 인천지방법원부천지원 2016.02.17 2013가단46209
사해행위취소
Text

1. A pre-sale agreement entered into between B and the Defendant on September 25, 2013 regarding real estate stated in paragraph 2 of the Attached List.

Reasons

1. Facts of recognition;

A. On January 6, 2011, the Plaintiff entered into a credit guarantee agreement between B and B with the purport that the Plaintiff shall provide credit guarantee services to the Plaintiff, and that B shall pay to the Plaintiff the amount of the performance of the guaranteed obligation, the expenses incurred in preserving the right acquired through the performance of the guaranteed obligation, etc. (from January 6, 2011 to January 5, 201) and issued a credit guarantee agreement (from January 6, 2011 to January 5, 2012).

B. B obtained a loan of KRW 30 million from one bank (hereinafter “one bank”) with the said credit guarantee certificate as collateral, and the Plaintiff changed the terms and conditions of the guarantee in the said credit guarantee certificate to “the amount of KRW 25 million until January 3, 2014,” around January 4, 2013.

C. B entered into a contract under which the Defendant, the wife (the wife C), sells the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “real estate No. 1”) to the Defendant (hereinafter “instant sales contract”) at the price of KRW 90 million on May 23, 2013, and completed the registration of ownership transfer regarding the real estate No. 1.

With respect to the first real estate at the time of the instant sales contract, the registration of the establishment of a mortgage (the maximum amount of 12 million won, B), the establishment of a mortgage (the maximum amount of 24 million won, B), the establishment of a mortgage (the debtor), the establishment of a mortgage (the maximum amount of 24 million won, B), the establishment of a mortgage on September 30, 2008 (the maximum amount of 24 million won, B), the establishment of a mortgage (the debtor), the establishment of a mortgage on September 23, 2009 (the maximum amount of 40 million won, the debtor), and the name of the defendant on March 28, 2013 (the maximum amount of 40 million won, the debtor B), and the name of the defendant on March 28, 2013 (the maximum amount of 40 million won, the debtor, and the debtor on March 28, 2013) of the establishment of a mortgage (the maximum amount of 200 million won, the apartment house).

E. For the registration of cancellation on March 28, 2013 of the date of the instant sales contract, the registration of cancellation on the ground of “Termination” was made in relation to the registration of the establishment of a neighboring mortgage in the name of the Defendant on March 28, 2013, and by the registration of the establishment of a neighboring mortgage in the name of the Industrial Bank of Korea on September 30, 208 (III, and Ⅳ).

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