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(영문) 수원지방법원안양지원 2019.07.19 2018가합101715
사해행위취소
Text

1. On March 7, 2017, concluded between the defendant and C Co., Ltd. as to each real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) received loans from the Industrial Bank of Korea several times from January 15, 2010 to March 9, 2017. As of June 30, 2017, the detailed details of C’s principal and interest of loans to the Industrial Bank of Korea are as follows [Attachment 1].

[Attachment 1: C Bank's loan of funds for small and medium enterprises 67,487,487,47,487, 730,3636,738,738,738, 208, 208, 197, 207, 197, 208, 197, 203, 196, 198, 198, 198, 30, 197, 196, 20, 197, 198, 198, 198, 198, 198, 198, 198, 30, 196, 197, 198, 205, 206, 196, 206, 207, 306, 206, 297, 2636, 206, 2967, 2017, 2064, 20.

B. Meanwhile, C entered into a contract to establish a mortgage (hereinafter “instant contract”) with the Defendant on March 7, 2017 with respect to each of the instant real estate listed in the separate sheet No. 1 attached thereto (hereinafter “instant real estate”), and entered into a sales contract on March 10, 2017 (hereinafter “instant contract”) and completed the registration of establishment and transfer in the name of the Defendant.

C. The Plaintiff, a special purpose company established pursuant to the Asset-Backed Securitization Act, acquired the claim for the above loans to C by the Industrial Bank of Korea on September 28, 2017, and at that time, notified C of the transfer of the claim.

The sum of the principal and interest of the Plaintiff’s claim against C is KRW 1,88,688,960 as of April 23, 2018.

Meanwhile, as to the instant real estate, D Co., Ltd. (hereinafter “D”).

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