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대구지방법원 2018.12.06 2018가단119015
사해행위취소
Text

1. The reservation entered into on June 8, 2017 with respect to real estate listed in the separate sheet between the Defendant and B shall be revoked.

Reasons

1. Facts of recognition;

A. On July 1, 2016, the Plaintiff loaned KRW 600 million to B (name D before the opening name) operating a mutual business entity called “C”.

B. On June 8, 2017, the Defendant: (a) lent KRW 20 million to B; (b) concluded a pre-sale agreement with the purchase and sale price of KRW 136 million with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”); and (c) completed the provisional registration of the right to claim transfer of ownership (hereinafter “provisional registration of this case”) with respect to the said real estate as the receipt on June 8, 2017 by the Daegu District Court’s registration No. 7670, Jun. 8, 2017.

C. At the time of the conclusion of the instant reservation, B bears the Plaintiff’s obligation of KRW 140,639,00 (=92,195,000) to Han Bank (=48,44,000). On the other hand, the value of the instant real estate was merely KRW 195,50,000, and B was in excess of the obligation.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, Gap evidence 4, 9, Gap evidence 10-1, 2, Eul evidence 1 and 3, the result of this court's order to submit financial transaction information to the Korea Credit Information Institute, and the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim (claim for Revocation of Fraudulent Act)

A. According to the above facts, the existence of a preserved claim, the establishment of a fraudulent act, and intent 1) The Plaintiff’s joint security against B, established prior to the conclusion of the instant promise, becomes a preserved claim against the obligee’s right of revocation. 2) If the obligor’s property is insufficient to repay the entire claim, if the obligor provided real estate, which is the only property of the obligor, as a security against a certain obligee, as a security against the obligee, and subsequently made a provisional registration based on the promise to sell and purchase in the name of that obligee, the obligee is entitled to receive the secured claim prior to other creditors, and thus, the obligee’s joint security has decreased within the scope of that scope and the other obligee