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(영문) 서울중앙지방법원 2015.08.19 2015가단5001379
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A sales contract concluded on September 15, 2014 between the Defendant and B is concluded.

Reasons

1. Basic facts

A. The Plaintiff entered into a ceiling transaction agreement with C on September 17, 2012, with a limited liability company C (hereinafter “C”), from September 17, 2012 to September 16, 2015, with a guarantee limit of KRW 5,893,800,00, with a guarantee limit of KRW 23 October 23, 2013 to October 22, 2016, with a guarantee limit of KRW 6,103,90,000, with a guarantee limit of KRW 6,103,90,000, and with a representative director from January 9, 2014 to January 8, 2017, with each of the above guaranty creditors paid the guarantee guarantee deposit to C, respectively.

B. After that, the Plaintiff issued each contract guarantee and advance payment guarantee to C within the scope of the amount guaranteed under each limit transaction agreement according to the above limit transaction agreement, as shown in the attached Table.

C. However, among D-E, the Plaintiff received a claim for a security deposit from Han-ra, a guarantee creditor, with respect to the guarantee of the Fluent Structure among the State-Funded Local Highway D-E’s confirmation construction, and paid a total of KRW 115,50,000,00 to Han-ra, a guarantee creditor, as well as KRW 47,30,00 on March 31, 2014, and KRW 47,300,000 on April 30, 2014, and KRW 52,80,000 on May 31, 2014, and KRW 115,50,000 on deposit.

On the other hand, C had a default on October 15, 2014, and the defendant is recorded as a director in C's corporate register.

E. B completed the registration of transfer of ownership on September 16, 2014 with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant on September 15, 2014 (hereinafter “instant sales contract”), as Seoul Central District Court’s receipt No. 41010, Sept. 16, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Judgment on the plaintiff's claim

(a) the debtor B;

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