logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2015.11.04 2015가단51843
사해행위취소
Text

1. As to the real estate listed in the separate sheet No. 1 and machinery and appliances listed in the separate sheet No. 2 between the defendant and B.

Reasons

1. Basic facts

A. Real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) and machinery, apparatus, etc. listed in the separate sheet No. 2 (hereinafter “instant machinery, apparatus, etc.”) have been owned by B Co., Ltd. (hereinafter “B”) since November 1, 2012. As to the said real estate, the registration of creation of a collateral security (hereinafter “priority collateral security”) in the name of Han Bank Co., Ltd. (hereinafter “first priority collateral security”) was completed as of July 2, 2013, with a maximum debt amount of KRW 1,920,000 as of July 2, 2013, and the registration of creation of a collateral security (hereinafter “second priority collateral security”) in the name of the Defendant as of August 13, 2013, respectively.

B. On April 4, 2014, B entered into a sales agreement with the Defendant on the instant real estate and machinery (hereinafter “instant sales agreement”) and completed the registration of the provisional registration of the right to claim ownership transfer on the same day. On May 4, 2014, B transferred the instant real estate and machinery to the Defendant at KRW 1,900,000,000, while the said payment was to substitute for the acquisition of the secured obligation of KRW 1,600,000,000 for the secured obligation of the first priority collective security (hereinafter “instant sales agreement”) and on the same day, B completed the principal registration of ownership transfer based on the said provisional registration on the same day.

C. In addition, as to the first mortgage on September 26, 2014, the registration of change of the right to collateral security was completed with the content that the debtor is changed from B to C’s company run by the defendant corporation due to the contract takeover.

On the other hand, B entered into a credit guarantee agreement with the Plaintiff on July 28, 2010, which provides a credit guarantee agreement of KRW 180,000,000 with the guaranteed principal, and received KRW 200,000,000 from the lower branch of the bank of Korea on the same day. The Plaintiff, as of July 8, 2014, on October 15, 2014, by subrogated for the said loan obligation to the said bank on behalf of the Plaintiff, has a claim for reimbursement of KRW 183,214,129 and damages for delay.

arrow