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(영문) 서울동부지방법원 2017.01.18 2015가합106439
사해행위취소
Text

1. Defendant A’s KRW 636,347,544 as well as 5% per annum from September 18, 2015 to January 18, 2017, and the following:

Reasons

Basic Facts

On April 30, 2015, the Plaintiff loaned KRW 704,711,733 to C Co., Ltd. (hereinafter “Nonindicted Company”) on April 30, 2015.

(hereinafter “instant loan”). On June 9, 2015, the Plaintiff drafted a notarial deed of money loan agreement with a notary public’s law firm No. 354, 2015, and the non-party company’s loan No. 704,711,733 won to the Plaintiff in five installments from June 17, 2015 to October 17, 2015. If the non-party company delays the above repayment, the Plaintiff would lose the benefit due to the instant loan obligation even if no other notice or peremptory notice is given by the Plaintiff, and would immediately repay the remainder of the debt, and Defendant A would jointly and severally pay the remainder, and the maximum amount of the guaranteed debt would be KRW 704,711,733.

(hereinafter “instant authentic deed”). On June 9, 2015, Defendant A and the transfer of ownership of the Defendants agreed to sell each real estate listed in the separate sheet (hereinafter “instant real estate”) at KRW 325,00,000,000, and entered into a trade reservation with the intent to receive KRW 110,000,000 from Defendant B (hereinafter “instant promise”) with the deposit money. On June 10, 2015, Defendant A and the transfer of ownership completed the registration of the right to claim transfer of ownership under the Defendant B’s name (hereinafter “the instant provisional registration”).

Defendant A entered into a real estate sales contract (hereinafter “instant sales contract”) with Defendant B on June 29, 2015, stating that the instant real estate is sold in KRW 325,00,000,00, and on July 1, 2015, Defendant A entered into a registration of ownership transfer under Defendant B’s name (hereinafter “instant registration of ownership transfer”) with respect to the instant real estate as the receipt of the Suwon District Court’s receipt of registration office, under Article 29511.

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