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(영문) 인천지방법원부천지원 2014.06.27 2013가단33517
사해행위취소
Text

1. As to real estate listed in Appendix 1:

A. The reservation made on September 27, 2012 between the Defendant and B is made.

Reasons

1. Facts of recognition;

A. On March 9, 2009, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”), and the Nonparty Company was granted a loan from a new bank in accordance with the said credit guarantee agreement.

On the same day, the representative director B of the non-party company guaranteed the obligation owed by the plaintiff to the non-party company on the same day.

B. On April 26, 2013, according to the credit guarantee accident of the non-party company on September 22, 2012, the Plaintiff paid the above loan obligation to the new bank, which notified of the credit guarantee accident on October 19, 2012, and then filed an application for payment order against B to seek damages for delay from April 26, 2013 (the Incheon District Court Branch Branch of the District Court Decision 2013 tea1564 claim amount), and the above payment order was finalized on July 19, 2013.

(C) The Plaintiff’s above claim against B (hereinafter “instant claim”).

B On September 27, 2012, the Defendant entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with respect to the real estate listed in the separate sheet No. 1 owned by him/her (hereinafter “instant real estate”) with the Defendant on September 27, 2012, and on September 28, 2012, the order No. 1-B to the Defendant on September 28,

The provisional registration of the right to claim ownership transfer stated in the port (hereinafter referred to as the "provisional registration of this case") was completed.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 and 2; appraiser D's appraisal result; fact-finding results for ELE Co., Ltd.; the purport of the whole pleadings

2. Determination

A. (1) Determination as to the cause of claim (1) There is a high probability that the credit guarantee agreement was concluded prior to the conclusion of the instant purchase and sale reservation, and there is a legal relationship that forms the basis for its establishment, and the claim in this case is established as a credit guarantee accident of the non-party company on September 22, 2012, which was the date of entering into the instant purchase and sale reservation, due to the credit guarantee accident of the non-party company on September 27, 2012.

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