beta
(영문) 대전지방법원 2015.11.13 2014나103945

사해행위취소

Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. Basic facts

A. (1) On May 31, 2010, the Plaintiff’s Intervenor entered into a credit guarantee agreement with C as to the credit guarantee principal of 500,000,000, and the credit guarantee period from May 31, 2010 to May 31, 2011. B, the Defendant’s spouse, jointly and severally guaranteed the Defendant’s obligations under the said credit guarantee agreement. (2) The Plaintiff’s Intervenor issued a guarantee number D, 50,000,000,000, and a guarantee period as of May 31, 2011 to the Bank of Korea (hereinafter “Korea Bank”), a stock company under the said credit guarantee agreement.

3) On May 31, 2010, C Co., Ltd. received a loan of KRW 500,000 from our bank, but failed to pay the principal and interest of loan at any time, and on December 31, 2012, our bank notified the Plaintiff’s Intervenor of the credit guarantee accident that “the Plaintiff’s Intervenor lost the benefit of December 28, 2012” occurred. (iv) On March 5, 2013, the Plaintiff’s Intervenor subrogated for KRW 507,671,232 to our bank.

B. On November 8, 2012, B’s disposal act entered into a donation agreement with the Defendant to donate the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant apartment”) (hereinafter “instant donation agreement”). On November 12, 2012, the Defendant completed the registration of ownership transfer as to the instant apartment as the receipt by the Daejeon District Court official Jeju District Court Branch Branch Office, which received on November 12, 2012.

C. B’s active property 1) The apartment house of this case equivalent to the market value of KRW 220,000,000 at the time of the donation contract of this case as active property B’s active property at the time of the donation contract of this case, and the real property indicated in paragraph (2) of the attached Table of the market value of KRW 280,000,000 at the time of the

(2) At the time of the donation contract of this case, 129,160,000 won for loans to the Nonghyup Bank as a small property as shown in Section 3 of the attached Table No. 2,00,000, among the real property listed in the attached Table No. 3 of the market price of 2,000 won.