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(영문) 창원지방법원 2016.10.14 2015가단77215

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. The Plaintiff’s credit guarantee agreement with B on November 3, 2010 between B and B, which operated “C”, entered into a credit guarantee agreement with B as of November 3, 2015, setting the guarantee amount of KRW 90,000,000 and the guarantee period of KRW 100,000,000 with the Plaintiff’s credit guarantee agreement.

B. On May 27, 2014, the Plaintiff’s subrogation B caused a credit guarantee accident due to bad faith (non-smoking, etc.). On July 18, 2014, the Plaintiff subrogated the said bank to pay for the principal amounting to KRW 60,85,514 ( principal amounting to KRW 59,97,60, KRW 857,914).

C. The final and conclusive judgment on the claim for indemnity filed a lawsuit against the Plaintiff as Changwon District Court 2014Gadan85042, and the judgment that “B shall pay to the Plaintiff 60,207,730 won and 60,035,014 won, whichever is applicable, 12% per annum from July 18, 2014 to November 21, 2014, and 20% per annum from the next day to the date of full payment.”

B and the Defendant owned the real estate listed in the separate sheet (hereinafter “instant real estate”) and completed the registration of ownership transfer on November 22, 2013 to the Defendant on November 22, 2013.

2. Determination

A. The Plaintiff, which caused the claim, has a claim for reimbursement of KRW 59,224,817 against B (=60,855,514 won by subrogation - the recovered amount of KRW 1,630,697).

A sales contract between B and the Defendant on November 1, 2013 for the instant real estate (hereinafter “instant sales contract”) is null and void as a false declaration of conspiracy. Since the existing collateral security was cancelled after the registration of ownership transfer in the name of the Defendant, it became impossible to register cancellation of the above transfer of ownership due to restitution to the original state. Therefore, the Defendant’s KRW 61,00,000 = the value of the instant real estate = 605,00,000 - the mortgagee.