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(영문) 서울중앙지방법원 2015.06.11 2013가합520472
사해행위취소
Text

1.(a)

The real estate entered into on June 22, 2012 between Defendant B and Nonparty C with respect to each of the real estate listed in the separate sheet 1 and 2.

Reasons

1. Basic facts

A. On May 20, 2013, the Plaintiff was declared bankrupt by the Seoul Central District Court 2013Hahap64 on May 20, 2013, and C was appointed as the trustee in bankruptcy of the said bank. On August 30, 2007, the Plaintiff recommended the dismissal of C on the ground that there was an illegal act, such as unfair loans by former and incumbent executives, including C, committed while the Plaintiff was appointed as the representative director of the A Savings Bank. On August 30, 2007, C was retired from the office of the representative director on August 22, 2012.

B. Defendant B, as the wife of C, entered into a gift agreement with C on June 22, 2012 on each of the real estate listed in the attached Tables 1 and 2 (hereinafter “instant real estate”) (hereinafter “instant gift agreement”) and completed the ownership transfer registration on the same day (hereinafter “instant ownership transfer registration”).

C. Meanwhile, in the case of the Seoul Central District Court Decision 2012Gohap766, 955, 965, 966, 967, 1169, 1786, and 2013No2529, which is the appellate court, "C shall perform its duties in accordance with all the regulations and its duty of care to be observed in credit handling as representative director of the A Savings Bank and to prevent damage to the financial institution in question, and without taking such measures in violation of the regulations, despite the existence of a business duty to prevent the occurrence of damage to the financial institution, it has committed the act of lending KRW 8577,100,000,000 to the Gyeongan and the Gyeongan Leisure Industries Industry from June 1, 2008 to June 2006 to the 16th, 2008.

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