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1.With respect to shares of 1/4 of the real estate listed in the Schedule: (a)
On October 1, 2013, between the Defendants and B.
Reasons
1. Basic facts
A. On June 22, 2006, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with a stock company (hereinafter “instant company”) to guarantee the obligation of loans owed by the instant company to the Bank (hereinafter “instant credit guarantee agreement”).
B was jointly and severally guaranteed for the claim for reimbursement against the plaintiff of the above company.
B. On June 13, 2014, when a guarantee accident occurred in relation to the instant company, the Plaintiff subrogated 801,042,948 won to the Industrial Bank of Korea on August 13, 2014, and in relation thereto, there was an attempted payment of penalty of KRW 1,779,280 and KRW 1,393,070.
C. Meanwhile, on October 11, 2013, B entered into a gift agreement (hereinafter “each of the instant gift agreements”) with the Defendants, who are ASEAN, on each of the 1/4 shares of the 1/2 shares of the real estate listed in the separate sheet (hereinafter “the instant real estate”), among the real estate listed in the separate sheet (hereinafter “instant real estate”). On October 15, 2013, B filed a share transfer registration (hereinafter “share transfer registration”) with the Cheongju District Court, the Yangyang District Court, and the 7665 shares transfer registration with respect to each of the instant shares (hereinafter “instant share transfer registration”).
[Ground of recognition] Facts without dispute, entry of Gap 1 to 9 evidence, purport of the whole pleadings
2. Determination
(a) The right to be protected by the obligee’s right of revocation on the existence of the preserved claim should, in principle, have occurred prior to the commission of any act which can be viewed as a fraudulent act.
However, in the case of future claims, there is a high probability that there is a legal relationship which has already been based on which the claim is established at the time of the fraudulent act, and that the claim is established in the near future, and where the probability is realized in the near future, it can be the preserved claim of the obligee.
(See Supreme Court Decision 2000Da64038, Nov. 26, 2002). In the instant case, each of the instant gift contracts is concluded.