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(영문) 서울서부지방법원 2015.11.17 2014가단257595
사해행위취소
Text

1. The gift contract concluded on September 6, 2013 with respect to each real estate listed in the separate sheet between A and B shall be revoked.

2...

Reasons

1. Basic facts

A. On March 9, 2010, according to the request of C Co., Ltd. (hereinafter “C”), the Plaintiff provided a credit guarantee (hereinafter “the instant credit guarantee”) with regard to the principal and interest of loan to be borne by obtaining a loan from a single bank by determining the principal of credit guarantee by the period of March 6, 2015, and by the period of guarantee (hereinafter “the instant credit guarantee”), and B provided a joint and several liability for indemnity to the Plaintiff pursuant to the instant credit guarantee agreement.

B. C was granted a loan of KRW 50 million from one bank in accordance with the instant credit guarantee, but on January 3, 2014, due to the occurrence of a defect, and lost the benefit of time. On April 9, 2014, the Plaintiff subrogated for KRW 45,840,361 to one bank as principal and interest.

C. On April 17, 2014, the Plaintiff applied for a payment order seeking payment of KRW 45,929,741 in total, the amount of subrogated payment and penalty of KRW 45,929,741 with respect to C and B as the Daejeon District Court Branch Branch Decision 201Da1133, and the payment order was issued on April 17, 2014. The said order was finalized on May 8, 2014.

B on September 6, 2013, each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) was donated (hereinafter “instant donation contract”) and the Seoul Western District Court completed the registration of transfer of ownership as No. 47214 on September 6, 2013 with respect to each of the instant real estates on the grounds of the donation to A.

E. On November 12, 2014, the date of conciliation, the Defendant filed a lawsuit seeking revocation of fraudulent act against A as Seoul Western District Court 2014Da17834, and on November 12, 2014, the conciliation was concluded between the Defendant and A, that “A shall complete the procedure for ownership transfer registration on the ground of payment in kind to the Defendant for the obligation to the Defendant (the obligation to pay for the goods based on the payment order issued by Jincheon District Court Decision 2013Da1343) as to each real estate listed in the separate sheet (hereinafter “instant conciliation”).” The Defendant is each of the instant conciliation grounds for the completion of the conciliation.

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