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(영문) 수원지방법원 2017.05.18 2016가단543644

사해행위취소

Text

1.(a)

A donation concluded on May 23, 2016 between B and the defendant with respect to the real estate stated in the attached list.

Reasons

1. Basic facts

A. C signed a credit transaction agreement with the Plaintiff on April 27, 1995 (hereinafter “Plaintiff”) and received a loan of KRW 750,000,000 on the same day.

At the time, B guaranteed C’s above loan obligations against the Plaintiff.

B. The Defendant owned one-third share out of 71045 square meters of D forest land in Sungsung-si.

On December 11, 2012, the Defendant donated shares 6612/71045 of the above shares (referred to the real estate stated in the attached list; hereinafter “instant real estate”) to ASEAN, and completed the registration of ownership transfer on December 13, 2012, based on the above donation.

C. As the Plaintiff did not repay the above loan debt, the Plaintiff filed a lawsuit against B, a joint guarantor, with the Seoul Central District Court Decision 2015Da64139, Nov. 16, 2015, with the purport that “B shall pay to the Plaintiff 932,524,612 won and 179,254,795 won, which shall be calculated at the rate of 20% per annum from July 17, 2014 to the date of full payment.”

On May 23, 2016, Defendant and B entered into a contract for rescission of agreement on the said gift (hereinafter “instant contract rescission”) and cancelled the registration of ownership transfer equivalent to 6612/7, which had been transferred in the future B.

At the time of the cancellation of the instant agreement, B was liable to the Plaintiff for a large amount of debt as above, but there was no property other than the instant real estate, and thus, was insolvent.

E. On November 25, 2016, after the filing of the instant lawsuit, the Plaintiff transferred the said judgment amount claim to the succeeding intervenor B, and notified the said transfer to B on December 1, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. Determination

A. At the time of the occurrence of the right to revoke the fraudulent act, the Plaintiff was holding the above judgment claim against B at the time of the rescission of the agreement in this case.