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(영문) 전주지방법원 2018.05.29 2017가단9499
사해행위취소
Text

1. The sales contract concluded on December 12, 2016 between the Defendant and B is revoked.

2.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff’s claim for reimbursement against B is a credit guarantee agreement between B and B, who operates the enterprise “C”, with the amount of security deposit of KRW 50 million around February 10, 201, the amount of security deposit of KRW 45 million around February 16, 201, and the amount of security deposit of KRW 180 million around March 8, 2013, and the amount of security deposit of KRW 180 million under which B receives a loan from the former bank (hereinafter “the instant credit guarantee agreement”).

2) Around February 27, 2017, B concluded a credit guarantee contract of this case with respect to the credit guarantee contract of this case as it was impossible for B to repay the loan obligations to the former bank within the due date, and the Plaintiff subrogated to the former bank with a total of KRW 262,792,638 ( KRW 42,965,014, KRW 42,960,833, KRW 171,76,791) in accordance with the credit guarantee contract of this case.

B. On December 12, 2016, B entered into a sales contract for real estate listed in the separate sheet and completed the registration of ownership transfer (hereinafter “instant registration of ownership transfer”) with respect to real estate listed in the separate sheet (hereinafter “instant real estate”) on the ground of the sale contract for the same day (hereinafter “instant sales contract”) under the receipt of the former District Court Kim Jong-dong Office No. 29923, the former District Court’s receipt of the title registration office for the Defendant on December 12, 2016.

C. At the time of the instant sales contract as to B’s property status, B owned the instant real estate and the instant real estate market value of KRW 25,398,400,00, and the instant truck owned KRW 25,800,00 as the market value, and on the other hand, as a small property, the foregoing reimbursement liability exceeds KRW 200,000,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7 (including additional numbers), order of submission of taxation information on Kim Jong-il by this court, the result of a request for market price appraisal of the company Gyeong-il Appraisal Corporation, the purport of the whole pleadings

2. Determination on the revocation of fraudulent act and the claim for restitution

(a)be protected by the obligee’s right of revocation of the existence of the preserved claim;

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