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(영문) 수원지방법원성남지원 2019.05.16 2017가합409352
사해행위취소
Text

1. The sales contract concluded on October 14, 2014 between the Defendant and C with respect to the real estate stated in the separate sheet between the Defendant and C is 36,516.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) on April 11, 201, the Plaintiff transferred D’s loan 3,355,000,000 won and damages for delay against D’s loan 3,35,000,000 won from D, and the said assignment of claim was notified to C on the same day. 2) On January 6, 2012, the Plaintiff received dividends of KRW 2,243,614,119 in the auction procedure for C’s real estate on January 6, 2012, and subsequently appropriated them in the order of interest, and the principal remaining after being appropriated was 2,54,043,415.

3) After appropriation to C, the Plaintiff filed a lawsuit claiming the amount of KRW 2,54,04,043,415, and damages for delay calculated by the agreed rate of 25% from the day following the day of the above distribution date to the day of full payment, and the winning judgment became final and conclusive on January 29, 2015 (Seoul Central District Court 2013Gahap93802). (B) The conclusion of the instant sales contract and the insolvency 1 of C-C-C-B-B-B-B-B-B-B-B-C-B-B-C-B-B-B-C-B-B-C-B-B-C-B-B-D-Sed real estate (hereinafter “instant real estate”), which is the only property owned by the Plaintiff, and the title E-B-S-B-S-B-S-B-S-B-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-A-S-S-A-S-S-S-S-S-A-S-S-S-A-S-S-S-S-S

2) At the time of the date of the conclusion of the above sales contract and the date of the conclusion of the argument in this case, C had positive property in excess of the negative property. [Grounds for recognition] The fact that there is no dispute, Gap Nos. 1, 10, 11, and Eul evidence No. 11 (including a serial number, hereinafter the same shall apply)

As a result of the entry of each description, this Court's support management of Seongdong-si and each fact-finding into the Ministry of Land, Infrastructure and Transport, the result of this Court's partial tax investigation into the Ministry of Land, Infrastructure and Transport, and the result of the submission of tax information on the South-North Jeju Tax Office, each financial institution (FF Bank, GF Bank, Korea Development Bank, GF Bank, GF Bank, Enterprise Bank, HF Bank, HF Bank, I Bank, JF Bank, Export-Import Bank, International Bank, K Bank, L Bank, MF Bank, and NF Bank

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