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(영문) 광주지방법원 순천지원 2018.06.14 2017가단6324
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. A sales contract concluded on December 20, 2016 between the Defendant and B is concluded between the Defendant.

Reasons

1. Basic facts

A. On July 18, 2014, the Plaintiff entered into a credit guarantee agreement with B and the guaranteed principal amount of KRW 20 million.

B was granted a loan from a new bank under the aforementioned credit guarantee agreement, but the loan was in arrears from January 20, 2017, thereby losing the benefit of due date. The Plaintiff was notified by the new bank on February 15, 2017.

B. On May 30, 2017, the Plaintiff subrogated 19,060,304 won to the new bank. As a result of offsetting the outstanding guarantee fee of KRW 334,770 as part of the subrogated amount, the Plaintiff acquired a claim for reimbursement of KRW 18,879,552 against B as of June 23, 2017 (=a claim for reimbursement of KRW 18,725,534 for delay damages of KRW 154,018).

C. B concluded a sales contract with the Defendant, who is a friendship on December 20, 2016, on the real estate listed in the separate sheet (hereinafter “instant real estate”). On February 7, 2017, the Defendant completed the registration of ownership transfer of the instant real estate (hereinafter “instant registration of ownership transfer”) under Article 5638 of the Jeonju District Court’s receipt of registration office (hereinafter “instant registration of ownership transfer”).

B did not have any property other than the instant real estate, and was insolvent at the time of the instant sales contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, fact-finding results on the following markets by this court, the purport of the whole pleadings

2. Determination

A. In principle, it is required that a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, there is a high probability that there has already been legal relations which form the basis of the establishment of a claim at the time of such fraudulent act, and that the claim has been established in the near future due to its legal relations in the near future. In the event that the probability has been realized in the near future, the claim is also established.

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