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(영문) 서울중앙지방법원 2015.07.01 2014가단5267691
사해행위취소
Text

1. Defendant A and Defendant B jointly and severally against the Plaintiff KRW 31,272,684 and KRW 30,605,070 among them.

Reasons

1. Determination on the claim for indemnity (Defendant 1, 2)

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Applicable legal provisions: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim for revocation of fraudulent act against Defendant C

A. The establishment of a fraudulent act (founded: Gap 1 to 10; the purport of the whole pleadings) defendant B is the real estate listed in the separate sheet (hereinafter referred to as the "real estate of this case").

(2) As to Defendant C, the Plaintiff’s claim for indemnity against Defendant C was not yet created at the time of entering into the said pre-sale agreement, but there was a basic legal relationship with Defendant A Co., Ltd. (hereinafter “Defendant”) which is the basis for establishing the Plaintiff’s claim for indemnity against Defendant B, and the credit guarantee agreement was concluded with Defendant A Co., Ltd. (hereinafter “Defendant”) which is the basis for establishing the Plaintiff’s claim for indemnity against Defendant B, and on February 11, 2014, the registration of ownership transfer was completed on the ground of the transaction as of July 9, 2014, pursuant to Article 72899 of the same registry office on the ground of the transaction as of July 9, 2014.

In fact, on June 19, 2014, the Plaintiff paid 30,605,070 won, the principal and interest on a subrogation under a credit guarantee agreement, to the Bank of Korea Co., Ltd., and Defendant B bears the liability for indemnity against the Plaintiff. Therefore, the Plaintiff’s claim for indemnity is a preserved claim for the obligee’s right of revocation.

3 At the time of the above sale reservation and sale, the personal loan/debt guarantee information as listed below was already registered in a credit information company, and the above real estate was the only property of Defendant B.

Classification of financial institutions;

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