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(영문) 서울동부지방법원 2018.04.13 2017가단128726
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 19, 2013, the Plaintiff entered into the instant credit guarantee agreement with C, and issued a credit guarantee certificate with the content that guarantees KRW 193.5 million, out of the repayment obligations of loans (for loans for small and medium enterprises, the estimated amount of loans KRW 1.215 million) that C would receive from the Industrial Bank of Korea, until August 18, 2014. The said C received loans from the Industrial Bank of Korea pursuant to the said credit guarantee certificate.

B as the representative of the above C at the time of the credit guarantee agreement of this case, joint and several liability for indemnity against the plaintiff C under the agreement was made.

B. B sold to D, August 29, 2013, 106, Dong 1003, Dong 1003 (hereinafter “instant apartment”) in Seo-gu, Seo-gu, Seo-gu, Incheon (hereinafter “instant apartment”) at KRW 260 million, and completed the registration of ownership transfer on September 4, 2013 without receiving the purchase balance of KRW 44 million.

B On September 3, 2013, Defendant B, the former spouse, completed a marriage report with B on April 21, 1987, and completed a marriage report on April 11, 2001.

The claim of KRW 44 million against D was transferred to the Defendant (hereinafter “transfer of claim of this case”) and the Defendant transferred KRW 20,200,000 to the Defendant.

(hereinafter “instant remittance”) The Plaintiff asserts that B was a donation to the Defendant.

D On September 4, 2013, the Defendant completed the registration of creation of a mortgage over the instant apartment with a maximum debt amount of KRW 44 million with respect to the instant apartment on September 4, 2013, and thereafter repaid the Defendant KRW 44 million with respect to the said apartment, and was revoked on November 20, 2013.

Meanwhile, the instant apartment was originally owned by the Defendant, and the Defendant completed the registration of ownership transfer on April 1, 201 to B on the ground of sale as of March 28, 2011.

C. On January 2, 2014, the Industrial Bank of Korea: (a) obtained the registration of credit management information from the Federation of the Bank; and (b) recorded specific grounds for the registration of credit management information.

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