구상금 등 청구의 소
1. Defendant A and B jointly and severally filed against the Plaintiff KRW 81,031,657 and KRW 80,94,207 among them, respectively. < Amended by Act No. 13585, Dec. 22, 2015>
1. Claim against the defendant A and B
(a) Indication of claims: To be as shown in the reasons for the claims;
(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);
2. Claim against Defendant C
A. The facts as stated in the reasons for the claim and the following facts may be acknowledged in full view of the facts in the separate sheet Nos. 1 to 12 (including the serial number), the facts in the separate sheet No. 1 to 12, and the whole purport of the arguments as to the Court Administration.
(1) Defendant B owned the instant real estate, but completed the registration of ownership transfer in the future of Defendant C on the ground of the sales contract dated July 7, 2015 (hereinafter “instant sales contract”) with respect to the instant real estate as Seoul Central District Court’s Seoul Central District Court’s receipt No. 42669, Aug. 10, 2015.
(2) Defendant B did not have any property other than the instant real property at the time of the instant sales contract.
B. In principle, the existence of the preserved claim and the claim protected by the obligee’s right of revocation is required to be constituted prior to the commission of an act that can be deemed as a fraudulent act. However, there is a high probability of the existence of the legal relationship that has already been based on the establishment of the claim at the time of such fraudulent act, and that the claim should be established in the near future by such legal relationship. In the near future, where a claim has been created due to its realization in the near future, the claim may also be the preserved claim of the obligee
(2) The Plaintiff’s claim for indemnity against Defendant B was not yet established at the time of the conclusion of the instant sales contract. However, prior to that, the Defendant Company entered into a credit guarantee agreement with the Plaintiff, and the legal relationship that forms the basis for the establishment of the claim was established, and the instant sales contract was concluded between the two months before the conclusion of the instant sales contract.