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(영문) 서울동부지방법원 2021.03.31 2018가단133084
사해행위취소
Text

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

(a) signed on August 1, 2017 between D and Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff provided credit guarantee to financial institutions of E Co., Ltd. (hereinafter “Non-Party Company”) as follows, and F and D provided joint and several liability for reimbursement against the Plaintiff by Non-Party Company F and D.

GD F DF DF DF

B. On August 16, 2017, Gyeonggi-do, which is the location of the place of business of the non-party company, a decision to commence a voluntary auction on the real estate located in Gwangju-si, Gyeonggi-do, and the occurrence of an accident requiring credit guarantee occurred. Under the respective credit guarantee agreements with the Plaintiff, the non-party company, as prescribed by the above credit guarantee agreements with the Plaintiff, had a prior liability for reimbursement to the Plaintiff prior to the Plaintiff’s repayment of the respective loans guaranteed by the Plaintiff.

(c)

Then, on November 8, 2018, the Plaintiff repaid KRW 399,531,519 to the Industrial Bank of Korea. On December 31, 2018, the Plaintiff repaid KRW 269,025,010 to G banks in total, and repaid KRW 668,556,529.

(d)

On December 5, 2016, the registration of the establishment of the right to collateral security (hereinafter “the right to collateral security”) with the maximum amount of KRW 220,00,000 for each of the real estate listed in the separate sheet owned by D (hereinafter “instant real estate”) was completed on December 5, 2016, and on August 14, 2017, the registration of the establishment of the right to collateral security (hereinafter “Defendant C’s right to collateral security”) was completed on September 14, 2017, for each of the real estate listed in the separate list owned by D (hereinafter “instant real estate”). Defendant C’s right to collateral security was revoked on the same day as of October 19, 2017, and I’s registration was cancelled on October 27, 2017 as of October 10, 2017.

E. In addition, on September 22, 2017, the ownership of the instant real estate was transferred to Defendant A on the grounds of the purchase and sale agreement (hereinafter “the instant one purchase and sale agreement”) on August 4, 2017, and thereafter, the ownership was transferred to Defendant B (the wife of Defendant D) on January 30, 2018 due to the purchase and sale agreement (hereinafter “instant two sale and sale agreement”).

F. Contract of this case and this.

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