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(영문) 광주지방법원 2017.10.18 2016가단524932
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On January 18, 2001, the Korea Exchange Bank Co., Ltd. loaned KRW 100 million to Nonparty Co., Ltd., Ltd., the sum of KRW 650 million on July 25, 2000, KRW 150 million on January 18, 2001, KRW 90 million on the guarantee period, and KRW 1.5 million on January 18, 2001, and Company B entered into a comprehensive guarantee contract with the guarantee period of KRW 1 billion on the guarantee amount of KRW 1 billion on the guarantee amount of KRW 1 billion on the guarantee amount.

B. The non-party Hano Deposit Co., Ltd., which acquired the above loan claim prior to the transfer, filed an application for a payment order claiming payment order of KRW 178,400,788 of the outstanding principal amount against the above non-party company and B as Seoul Central District Court Decision 2007Da78596, and the payment order was delivered to B, etc. on November 1, 2007, and became final and conclusive on the 16th of the same month.

C. On September 4, 2014, the Plaintiff lawfully acquired the above claim after the claim on the payment order was successively transferred.

With respect to D Apartment 204-dong 301 (hereinafter “the apartment of this case”), Gwangju District Court Naju District Court’s Naju registry office of July 12, 2013: (a) concluded contract on July 12, 2013; (b) term of lease on a deposit basis; (c) term of lease from July 12, 2014 to July 11, 2014; (d) term of lease on a deposit basis, E was revoked on May 12, 2016; (e) term of lease on a deposit basis (hereinafter “registration under the name of E”); (c) term of lease was revoked on May 12, 2016; and (d) term of lease from May 4, 2016 to KRW 13084, May 12, 201; and (e) term of lease was established as the Defendant from May 4, 2016 to KRW 48,000; (d) term of lease.

E. E or the Defendant did not reside in the instant apartment, and Party B and its husband resided in the instant apartment from July 15, 2013 to August 2016, and Party B filed a move-in report on the instant apartment on May 6, 2015, but completed the move-in report in G at B on August 31, 2016.

(f) E shall be in Category B.

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