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(영문) 서울중앙지방법원 2016.12.20 2015가합571399
사해행위취소
Text

1. Of the instant lawsuit, the part of the claim regarding the contract indicated in the Attachment No. 1 shall be dismissed.

2.(a)

The F and the network D on January 2012.

Reasons

1. Facts of recognition;

A. Status 1 of the Parties to the Agreement is the Roto Savings Bank Co., Ltd. (hereinafter “Toma Savings Bank”).

(2) On August 31, 2012, the Plaintiff was declared bankrupt by Suwon District Court 2012Hahap23, and on the same day, the Plaintiff was appointed as the trustee in bankruptcy of the Mapo Savings Bank. (2) Defendant A is the buyer in F; Defendant B is the husband in Defendant A; Defendant C is the husband in Defendant F; Defendant C is the wife in F; and Defendant E is the wife in F.

On the other hand, F’s mother, died on April 28, 2016, and all the remaining co-inheritors except Defendant E (son’s children) renounced inheritance, and Defendant E received the qualified acceptance at the Seoul Family Court on September 28, 2016.

B. The F of the establishment of the preserved claim provided a collateral guarantee up to KRW 45.15 billion in total with respect to loans owed by Ko (hereinafter “G”) and H, as indicated in the following table, to the extent of KRW 45.15 billion in total: (a) G’s loan obligation was lost on July 27, 201; (b) H’s loan obligation was lost on October 24, 201; and (c) G’s loan obligation was lost on September 4, 2015; and (d) as of September 4, 2015, the principal and interest of G was KRW 13,507,698,184 in total.

Serial The extended principal of the temporary principal debtor’s loan principal amounting to the nearest guarantee limit on July 27, 2009, KRW 10.35 billion in G 6.5 billion in KRW 10.5 billion in KRW 15 billion in KRW 2.25 billion in KRW 3.5 billion in KRW 12 billion in KRW 3.8 billion in March 3, 201, KRW 40 billion in KRW 12 billion in KRW 4.3 billion in KRW 13.7 billion in KRW 20.5 billion in KRW 50 billion in KRW 20.5 billion in KRW 13.4 billion in May 24, 2011.

C. F’s act of paying F’s money to the Defendants 1) On October 12, 201, F remitted KRW 145,000 from its new bank account to Defendant A’s new bank account (Account Number I) (hereinafter “first act”).

(2) On October 12, 201, KRW 60,000,00 among the above KRW 145,000,000 from Defendant A’s New Bank Account was transferred to Defendant A’s Agricultural Cooperative Account (Account Number J). On October 13, 2011, KRW 15,000,000 was transferred from Defendant A’s Agricultural Cooperative Fund Loan Account and KRW 35,00,000 was deposited from Defendant A’s Agricultural Cooperative Fund Loan Account and KRW 35,00,000 was deposited in the Agricultural Cooperative Fund Loan Account (hereinafter “Second Act”).

(b) the new bank of Defendant A.

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