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(영문) 광주고등법원 2018.07.20 2018나20209
사해행위취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On June 7, 2006, the Busan Solomon Savings Bank Co., Ltd. (hereinafter “Blololomon Savings Bank”) extended a loan of KRW 1.55 billion to E who operated H in its name (hereinafter “instant loan”). However, D, the actual operator of H and its wife, jointly and severally guaranteed the obligation of the loan.

In order to secure the claim for the instant loan, E entered into a real estate security trust agreement with the K non-real estate trust company (hereinafter “K non-trust”) with respect to the real estate listed on the real estate list on its own attached property (hereinafter “instant real estate”) on or around June 7, 2006, under which the first priority beneficiary is the Busan Solomon Savings Bank, and completed the registration of ownership transfer in the name of K non-trust on the same day on the grounds of the trust.

B. Around May 19, 2008, Co., Ltd. (hereinafter “B”) established a wedding hall business, restaurant business, parking lot business, real estate rental business, etc. (hereinafter “B”) with knowledge that it is favorable to establish a separate corporation to repay existing loans and to save taxes by means of exchange with one financial right (one bank).

After that, E and D requested the Busan Solomon Savings Bank to extend the term of the loan by six months for the remainder of 1.467 billion won, excluding the amount of 83 million won already paid out of the loan of this case, while promising to add B to the Busan Solomon Savings Bank as a joint guarantor and to repay the loan through the exchange of one financial right. Accordingly, the Busan Solomon Savings Bank extended the term of the loan by January 7, 2009 under the above conditions.

C. The bonds of Busan Solomon Savings Bank E, B, D, and C (hereinafter “E, etc.”) were in arrears with the interest on loans from October 208 to October 2008.

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