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(영문) 광주지방법원목포지원 2017.12.21 2016가단53044

사해행위취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) The Plaintiff’s establishment of the Plaintiff’s claim against B is the Plaintiff Company C (hereinafter “Nonindicted Company”) on March 25, 2014.

A) A contract was entered into with the Plaintiff to lend KRW 1.5 billion for the purpose of corporate facility loan. On the same day, the Defendant entered into a contract for collateral guarantee up to KRW 180 million with respect to the above loan obligations. 2) The Plaintiff, based on the above loan contract, performed a loan of KRW 450 million to the non-party company on March 25, 2014, KRW 50 million on March 31, 2014, KRW 50 million on March 31, 2014, and KRW 30 million on April 15, 2014.

B. B’s disposal act was concluded between the Defendant and the Defendant on April 17, 2014 with respect to each real estate listed in the separate sheet (hereinafter “instant real estate”). On April 22, 2017, B entered into a donation agreement (hereinafter “instant donation agreement”) and completed the registration of ownership transfer with respect to each of the instant real estate on April 22, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3 and 8 (including virtual number), the purport of the whole pleadings

2. Determination as to the establishment of fraudulent act

A. 1) The Plaintiff’s assertion B transferred the instant real estate to the Defendant constitutes a fraudulent act as a result of reducing the general obligees’ property held by the Defendant, and sought its revocation. 2) Prior to the Defendant’s assertion, the registration of creation of a mortgage on the instant real estate was completed prior to the instant donation agreement. However, the amount of the claim secured by collateral exceeds the price of the instant real estate, and thus, the instant donation agreement does not constitute a fraudulent act.

B. If a security right has been established on an object transferred by a debtor in the relevant legal doctrine, the liability property which is offered to the joint security of general creditors among the subject matter shall be limited to the remainder after deducting the secured claim amount, and if the secured claim amount exceeds the price of the subject matter, it shall be concerned.