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(영문) 수원지방법원평택지원 2016.07.15 2016가단40540
사해행위취소 등 청구의 소
Text

1. A sales contract concluded on August 12, 2015 with respect to each real estate listed in the separate sheet between the Defendant and Nonparty B.

Reasons

1. Basic facts

A. Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) lent KRW 246,000,00 to C on February 17, 2011 (hereinafter “instant loan”); and B, at the time, jointly and severally guaranteed the obligation to pay the instant loan to Seoul Mutual Savings Bank.

B. Seoul Mutual Savings Bank is under bankruptcy proceedings after being declared bankrupt on September 26, 2013, and the Plaintiff was appointed as a trustee in bankruptcy of Seoul Mutual Savings Bank on the same day.

C. Meanwhile, as of January 13, 2015, B assumed joint and several liability for KRW 83,268,702 to Seoul Mutual Savings Bank. However, on August 12, 2015, B concluded a sales contract (hereinafter “each of the instant real estates”) with the Defendant on each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with the Defendant, and completed each of the instant registrations of ownership (hereinafter “each of the instant registrations of ownership”).

B At the time of each of the instant sales contracts, there were no particular assets other than each of the instant real estates, and was in excess of obligations.

[Ground of Recognition] Facts without dispute between the parties, Gap evidence Nos. 1-3, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. Determination

A. According to the facts of the establishment of a fraudulent act and the intention of deception 1), since B entered into each of the instant sales contracts with the Defendant in excess of the debt, barring any special circumstance, each of the instant sales contracts is an act of reducing joint collateral for the creditors including the Plaintiff, and thus, it is a fraudulent act against the Plaintiff, which is the obligee, and as long as the obligor’s intent to harm is recognized, it is presumed that the Defendant’s intent to harm is a beneficiary, barring any special circumstance, each of the instant sales contracts must be revoked as a fraudulent act. 2) As to this, the Defendant did not have been removed from Section B, and each of the instant real estate.

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