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(영문) 인천지방법원부천지원 2014.10.22 2013가단40171
사해행위취소 등
Text

1. The purchase and sale reservation entered into on August 12, 2013 between the Defendant and C Co., Ltd with respect to the real estate stated in the separate sheet; and

Reasons

1. Basic facts

A. On July 1, 2013, the Plaintiff leased KRW 20,000,00 to D on October 15, 2013, which is the representative director of C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), and Non-Party Co., Ltd. jointly guaranteed D’s obligations. (b) On July 31, 2013, the Defendant purchased real estate listed in the separate sheet (hereinafter “the instant real estate”) from Non-Party Co., Ltd. for KRW 705,00,000 and completed the registration of transfer of ownership on August 12, 2013; (c) on August 13, 2013, 200, KRW 76,749,280 for Non-Party Co., Ltd.’s active property as of August 29, 2013; and (d) on KRW 50,000,000 for non-Party Co., Ltd., Ltd., Ltd.’s debt amounting KRW 305.

[Reasons for Recognition] Where there is no dispute between the parties, each entry in Gap evidence Nos. 1 through 9 (including additional numbers), the market price appraisal result of appraiser H, the North Incheon Metropolitan City branch of the Nonghyup Bank and the purport of each fact-finding inquiry reply and all pleadings to the head of Gyeyang-gu Incheon Metropolitan City.

2. Determination

A. (1) The establishment of fraudulent act: (a) despite the transfer of a utility model right owned by the non-party company, the following circumstances acknowledged by the above recognition are as follows; (b) the non-party company defaulted on September 3, 2013, and defaulted on the debt to the Credit Guarantee Fund on October 2, 2013; and (c) D also defaulted on the payment of a bill equivalent to KRW 48,000,000 on September 30, 2013.

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