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(영문) 광주지방법원해남지원 2017.10.10 2016가단21206
사해행위취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On April 25, 2013 and April 24, 2014, the Plaintiff entered into a credit guarantee agreement for the instant corporation’s obligations with respect to Gwangju Bank, and C jointly and severally guaranteed the instant corporation’s obligations under the said credit guarantee.

B. On May 8, 2014, C donated the instant first real estate to Defendant A, and completed the registration of ownership transfer on May 13, 2014.

(hereinafter “instant First Disposition”). Meanwhile, on June 9, 2016, Defendant A sold the instant first Real Estate to Defendant B, and completed the registration of ownership transfer on June 16, 2016.

C. On September 3, 2014, the instant corporation sold the instant Second Real Estate to Defendant B, and completed the registration of ownership transfer on October 17, 2014.

(hereinafter “instant Disposition No. 2”) D.

On October 1, 2015, Gwangju Bank claimed the Plaintiff to discharge the guaranteed obligation under credit guarantee, and the Plaintiff subrogated to the Gwangju Bank for KRW 129,270,607 on January 7, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. On January 7, 2016, the Plaintiff asserted that the instant corporation and C (hereinafter “debtors”) have a claim for indemnity arising from subrogation.

Each of the instant dispositions is a fraudulent act detrimental to the Plaintiff, a creditor, by aggravation of the debtor’s financial ability, and thus ought to be revoked.

Although each act of disposal in this case was done before the plaintiff's subrogation, at that time, the credit guarantee agreement in this case was already concluded between the plaintiff and the debtor, and there was a high probability that the claim for indemnity may occur due to the debtor's failure to repay the above loan obligations. Thus, the transfer contract in this case constitutes fraudulent act.

After each disposition of this case, a bona fide third party completed the registration of the establishment of a neighboring mortgage on the first real estate of this case, and the registration of the establishment of a neighboring mortgage on the second real estate of this case was cancelled, thereby making the restoration of the original property.

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