logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.06.04 2019가단201505
사해행위취소
Text

1. The reservation made on October 24, 2018 between the Defendant and B on real estate listed in the separate sheet shall be revoked.

2.

Reasons

1. Facts of recognition;

A. B was loaned KRW 3,00,000 from C Bank on August 19, 2009 on the basis of the credit guarantee certificate provided by concluding a credit guarantee agreement with the Plaintiff.

B. On October 20, 2017, B had a credit guarantee accident involving delinquency in interest on the said loan.

C. On January 29, 2018, the Plaintiff filed a claim against C Bank for indemnity amounting to KRW 3,053,704 as Seoul Central District Court 2018 Ghana15626, and on March 30, 2018, the Plaintiff received a decision of performance recommendation to pay the Plaintiff KRW 3,037,274 and its delay damages. D.

B On October 24, 2018, the Defendant entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) which is one of the only property of the Defendant, and the provisional registration of the Defendant’s right to claim ownership transfer was completed on October 29, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The assertion and judgment

A. According to the facts found in the existence of the secured claim, B is obligated to pay the Plaintiff the indemnity amount of KRW 3,037,274 as well as the delay damages therefrom, and B’s indemnity liability is already established and existing before October 24, 2018, which is the date of the fraudulent act, and thus constitutes the secured claim for revocation of the fraudulent act.

B. According to the facts of the establishment of a fraudulent act and the intention of deception, the act of B, the debtor, upon entering into a pre-sale agreement on the real estate of this case, which is the only real estate between the defendant and the defendant, and completing provisional registration under the name of the defendant, constitutes a fraudulent act detrimental to other creditors by reducing liability property unless there are special circumstances.

In addition, it seems that B, the debtor, could have sufficiently known that it would prejudice the general creditor, and further, the defendant's bad faith as the beneficiary is presumed.

The defendant.

arrow