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(영문) 광주지방법원 2019.01.23 2018가단521586
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On June 20, 2017, the Plaintiff entered into a loan agreement with Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) on the following terms and conditions. Nonparty C guaranteed each of the above loans amounting to KRW 33 million.

The Plaintiff paid a loan to the non-party company in accordance with the above loan agreement.

The amount of credit extended (limit) for the subject of loan, the principal debtor guarantor and the guarantee limit account number of non-party company C 33,000,000 won for the loans for ordinary working capital of the company of non-party C 33,000,000 won E for ordinary working capital of the company of non-party C 33,00,000 won

B. On June 7, 2018, Nonparty Company and Nonparty C’s debt amount to Nonparty Company and Nonparty C is KRW 62,66,731 in total.

C. On March 25, 1997, Nonparty C married with the Defendant and had three children among them, and the agreement was reached on November 22, 2017.

On August 23, 2017, Nonparty C’s active property was ① real estate listed in the attached list (230,000,000 won at the market price, KRW 158,534,800, and KRW 158,534,800, and KRW 220,000,000, and KRW 276,00,000,000, and KRW 809,219,804.

E. As to the instant apartment, on August 23, 2017, the registration of ownership transfer was completed on August 24, 2017 due to the donation (hereinafter “instant donation agreement”).

On September 4, 2017, after the completion of the registration of ownership transfer under the name of the Defendant, the registration of ownership transfer was completed on September 4, 2017 with respect to the apartment of this case by the debtor, the mortgagee I Co., Ltd., the maximum debt amount of 191,00,000, and on September 5, 2017, the registration of ownership transfer was revoked on September 5, 2017 with the debtor C.

The non-party C is a property division in addition to the child support prescribed below when divorced with the defendant.

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