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(영문) 서울동부지방법원 2016.06.30 2015가합102642
사해행위취소
Text

1.(a)

The purchase and sale contract between the defendant and B on July 16, 2014 entered into between the defendant and B shall be 89,416.

Reasons

1. The amount guaranteed by the guaranty number No. 1 E 450,000,000 won for a guarantee period of KRW 1 E 450,000,000 won on April 3, 2015, F 250,000 won on or after April 5, 2013, extended to April 3, 2015.

A. On April 6, 2012, the Plaintiff entered into a credit guarantee agreement between the non-party company and the non-party company in the process of receiving loans, such as corporate ordinary working capital, from the National Bank Branch (hereinafter “National Bank”). The representative director D of the non-party company, the husband of the non-party company, jointly and severally guaranteed the non-party company’s obligation to compensate the Plaintiff according to the respective credit guarantee agreement.

B. On November 3, 2014, the Plaintiff subrogated to the National Bank for 689,703,799 won (i.e., No. 446,607,820 won No. 243,095,979 won) on January 8, 2015 when a credit guarantee accident occurred with the party branch of the non-party company.

(In accordance with the instant credit guarantee agreement, the interest rate for delay to be paid by the non-party company to the Plaintiff is 12% per annum from December 1, 2012.

B On July 16, 2014, the Defendant entered into a sales contract with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”), which is its sole property (hereinafter “instant real estate”). Accordingly, the registration of ownership transfer was completed on August 26, 2014 with the Jungyang District Court No. 9145 for the Defendant.

At the time of the instant sales contract, the instant real estate was registered as a debtor D or a national bank of the person holding the right to collateral security, and as a result, the establishment registration of the establishment of the right to collateral security and the maximum debt amount of 68,40,000 won, with the first priority priority of the maximum debt amount of 186,000,000 won. However, the Defendant completed the registration of ownership transfer in accordance with the instant sales contract, and revoked each

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 2, 3, 5 through 9 (including each number), the purport of the whole pleadings

2. The argument and judgment.

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