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(영문) 대구지방법원포항지원 2016.02.02 2015가단6355
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. The sales contract that the Defendant and B concluded on June 14, 2012 was 58,031.

Reasons

1. Basic facts

A. The Plaintiff and Nonparty B entered into a credit guarantee agreement between the Plaintiff and Nonparty B, on July 28, 2004: (a) the credit guarantee agreement between B and B, “10,926,000 won out of the amount 12,140,000 won to be loaned from the NAFFFFFFFFFFFFFFFFFFFFFFFFFF, and twenty (20) years prior to the expiration date; (b) on September 8, 2010, the credit guarantee agreement between BFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFING. 111.

B. The occurrence of a guarantee accident and the Plaintiff’s subrogation 1) B occurred from May 14, 2012, due to the failure to repay the principal and interest of the Pos Livestock Cooperative. The Plaintiff subrogated to the Pos Livestock Cooperative on June 28, 2013 in the amount of KRW 74,779,105 pursuant to the said credit guarantee agreement. (2) The Plaintiff filed an application against B for an order to pay the amount of reimbursement for the amount of reimbursement of KRW 2013,2574, the Daegu District Court Branch Branch of the Daegu District Court (the obligor B, the Plaintiff, the amount of KRW 75,935,645, and KRW 74,79,105, among them, the amount of KRW 12% per annum from August 5, 2013 to the date of full payment, and the amount of payment order became final and conclusive around that time.

C. On June 14, 2012, the Defendant, including the conclusion of a sales contract between B and the Defendant, concluded a sales contract to purchase each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) from B, a Dong branch, for KRW 54,00,000. Accordingly, on June 19, 2012, the registration of ownership transfer was completed under the Defendant’s name.

B’s insolvent B disposed of each of the instant real estate around June 2012, the foregoing B exceeded the debt.

[Reasons for Recognition] There is no dispute.

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