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(영문) 창원지방법원진주지원 2019.01.23 2017가단36983
사해행위취소
Text

1. Nonparty C and Defendant A concluded on May 17, 201 with respect to 2/11 shares of each real estate listed in the separate sheet.

Reasons

1. The facts below the facts can be acknowledged in full view of the following facts: there is no dispute between the parties, or it can be acknowledged in full view of the entries in Gap evidence 1 to 10 (including where there is a serial number), tax information reply, financial transaction information reply, and the whole purport of the arguments as a result of the inquiry.

(1) On September 28, 201, the Plaintiff entered into a credit guarantee agreement with a limited liability company D (hereinafter referred to as “D”) on September 27, 2012, setting the term of guarantee as KRW 493,00,000 of the guaranteed amount (i.e., the change into September 26, 2014) and the amount of security deposit as KRW 493,00,000, and Nonparty C guaranteed the Plaintiff’s obligation to the Plaintiff on the same day.

(2) On September 29, 201, D borrowed KRW 580,000 from the Industrial Bank of Korea on the basis of the Plaintiff’s credit guarantee.

(3) On March 28, 2014, D lost the benefit of time due to delay in performing the obligations of the loans to the Industrial Bank of Korea. On May 13, 2014, the Plaintiff subrogated for KRW 498,105,589 to the Industrial Bank of Korea.

(4) After the Plaintiff filed a lawsuit against D, Changwon District Court for the claim for reimbursement against D, Changwon District Court Decision 2014Da33051, and on April 28, 2015, D and C jointly and severally filed a lawsuit against the Plaintiff for reimbursement of damages for delay of KRW 497,208,514 and KRW 495,350,199 among them, were sentenced to the judgment in favor of the Plaintiff (D’s disposal of real estate owned by it was revoked on the ground that it was a fraudulent act against the Plaintiff and ordered to restore the property to its original state). The judgment became final and conclusive on July 1, 2015.

B. The registration of division of inherited property, the registration of ownership transfer and the provisional registration of the right to claim ownership transfer (1) is the real estate listed in the separate sheet No. 1 and No. 2 (hereinafter “the deceased”) and the real estate listed in the separate sheet No. 2 in the separate sheet No. 2.

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