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(영문) 서울서부지방법원 2016.02.02 2014가단220760
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) On June 25, 2003, the Plaintiff is a creative international logistics company under the joint and several surety of B (hereinafter “original international logistics”).

(2) From June 25, 2003 to June 24, 2006, the credit guarantee agreement was concluded between the principal of the credit guarantee and the principal of the credit guarantee, and the guarantee period from June 25, 2003 to June 24, 2006. The original international logistics was granted a loan of KRW 17,00,000 on the same day from the National Bank of Korea based on the credit guarantee certificate issued by the Plaintiff. (2) On July 18, 2005, the Plaintiff subrogated the payment of KRW 17,617,532 to the National Bank on October 27, 2006.

3) On April 14, 2008, the Plaintiff filed a lawsuit against Changdae International Logistics and B (Seoul Central District Court 2008Gaso1537018), and decided to recommend performance on April 14, 2008 that “The amount of KRW 17,702,762 and KRW 17,617,532 shall be paid jointly to the Plaintiff jointly and severally, and KRW 15% per annum from October 27, 2006 to April 21, 2008, and KRW 20% per annum from the next day to the day of full payment.” The above decision became final and conclusive. (b) The Defendant, a spouse of the Defendant’s real estate B, is the Defendant’s spouse, as of September 1, 2012, is an apartment building of Guro-gu Seoul Metropolitan Government 106dong 1305 (hereinafter “instant apartment complex”).

A) A sales contract to purchase was concluded, and the registration of ownership transfer was completed on November 5, 2012 with respect to the instant apartment on the grounds of the said sale. [The fact that there is no dispute over the grounds of recognition, Gap evidence Nos. 1 through 3, Eul evidence No. 21, and the purport of the whole pleadings.]

2. The assertion and judgment

A. 1) The Plaintiff’s assertion on revocation of the fraudulent act and claim for restitution of the original status is that the Defendant spent approximately KRW 88,000,000 for the purchase fund of the instant apartment ( KRW 229,000,000 for the purchase fund of the instant apartment, subtracting approximately KRW 141,00,000 for the instant apartment as security, which shall be deemed to have been donated to the Defendant around the day when the sales contract was concluded.

At the time, B had already been.

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