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(영문) 창원지방법원 밀양지원 2018.06.20 2017가단12815
사해행위취소
Text

1. As to each real estate listed in the separate sheet:

A. It was concluded on March 17, 2017 between a stock company and the defendant.

Reasons

1. The assertion and judgment

A. Comprehensively taking account of the facts indicated in Gap evidence Nos. 1 through 5, the fact-finding results and the purport of the entire pleadings against the defendant and the head of this court, the plaintiff entered into a credit guarantee agreement with the same stock company (hereinafter "same") on September 17, 2013 and May 30, 2014. The same type of loan granted by the plaintiff under a credit guarantee certificate issued by the plaintiff but the plaintiff was not repaid, and thus, the plaintiff paid approximately KRW 200 million in total on July 28, 2017 and July 21, 2017 in subrogation of the same plaintiff. The same type of contract concluded with the defendant on March 17, 2017 the contract of this case as stated in the Disposition No. 1 (hereinafter "the contract of this case") and concluded a mortgage agreement with the defendant on the same day, and concluded a registration of creation of the collateral security right on the same land as stated in the Disposition No. 1 (hereinafter "registration of the No. 7080, Apr. 28, 2017, 2017.

According to the above facts, at the time of the contract of this case, about KRW 200 million for the same person as the plaintiff was based on the establishment of the claim, and it was highly probable that the claim should be established in the near future. As such, the claim for indemnity against the same person as the plaintiff was actually created, the claim for indemnity can be the preserved claim for the exercise of the right to revoke the fraudulent act.

And at the time of the instant contract.

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