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(영문) 서울중앙지방법원 2016.03.09 2015가단87507
사해행위취소
Text

1. The sales contract concluded on January 30, 2015 between B and the Defendant with respect to real estate listed in the separate sheet shall be revoked.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) B against the Plaintiff is the Gunsan City Fisheries Cooperatives (hereinafter “Gunsan Fisheries Cooperatives”).

(2) B jointly and severally guaranteed the obligation under the credit transaction agreement (principal principal amount of KRW 20,119,327 and interest for delay) against Nonparty C on August 14, 1997 (Seoul Central District Court Decision 201Da6408, Feb. 6, 1998) (Seoul Central District Court Decision 201Da6408). B bears the obligation (principal principal of KRW 23,059,160 and interest for delay) pursuant to the credit transaction agreement on July 4, 1992.

(J) 2) 1) 2 of the Gunsan District Court of Jeonju, 2011Kadan1151, 3) 2 of the Coastal River Network Fisheries Cooperatives (hereinafter referred to as the “Yan River Network Cooperation”).

On May 31, 1997 and February 28, 1995, each of the obligation under the monetary loan agreement ( principal 4,665,535 won and interest for delay) was borne by the Corporation (the Jeonju District Court rendered a performance recommendation order 2010Gau31845) (the performance recommendation order 2010Gau 31845). (4) The Gunsan District Court transferred each of the above claims against B to the Korea Asset Management Corporation, and the plaintiff succeeded to the status of the respective creditors of the Korea Asset Management Corporation.

B. B’s disposal act and execution 1) B of provisional seizure by agreement of military production and fisheries, each of the real estate listed in the separate sheet (hereinafter “instant real estate”).

On July 16, 1998, the provisional registration of the right to claim ownership transfer on the ground of the instant promise, and the provisional registration of the instant case (hereinafter “the instant provisional registration”) on January 30, 2015, refers to the transfer registration of the instant case.

2) The Gunsan Union listed above.

-1) On December 4, 1998, with each claim described in paragraph 2 as the preserved right, the former District Court rendered a decision of provisional seizure on the real estate of this case as the Militarysan Branch of Jeonju District Court 98Kadan13157 and 98Kadan13158 on December 4, 199 and completed provisional seizure registration.

The registration of provisional seizure was cancelled ex officio as the registration of transfer of this case was completed.

C. Insolvent B did not own any property other than the instant real estate at the time of the provisional registration and transfer registration of the instant case.

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