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(영문) 대전지방법원서산지원 2020.07.22 2019가단4344
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found by the statements in Gap evidence 1 and 2. A.

On October 31, 2018, the Plaintiff prepared and received promissory notes, “The amount of KRW 200,000,000,000,000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,0000,000,000

B. Meanwhile, on April 2, 2019, E entered into the instant contract to sell the instant real estate to the Defendant, and completed the registration of ownership transfer to the Defendant on April 15, 2019 as the receipt of the Taean District Court’s Taean Registry on April 15, 2019.

2. The assertion and judgment

A. The plaintiff asserts that the contract of this case where E sells the real estate of this case, which is its sole property, to the defendant under the condition that E bears the obligation of KRW 200 million to the plaintiff, constitutes a false declaration of conspiracy, and even if not, constitutes a fraudulent act.

On this issue, the defendant asserts that the defendant himself is bona fide, since the contract of this case was concluded at a reasonable market price.

B. 1) The statement of evidence Nos. 1 through 4 alone is insufficient to recognize that the sales contract of this case constitutes a false conspiracy, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit. 2) If the security right is established on the object transferred by the debtor, the liability property provided to the joint security of the general creditors among such object is limited to the remainder after deducting the secured claim amount. If the secured claim amount exceeds the price of the object, the transfer of the object cannot be deemed a fraudulent act. In this context, where part of the real estate on which joint mortgage is established is transferred, the secured claim amount shall be in proportion to the value of each real estate which is the object of joint mortgage in light of the purport of Article 368 of the Civil Act, barring any special circumstance.

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