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1. As to the Plaintiff, Defendant A’s KRW 41,720,390 and KRW 13,164,270 among them, the amount of KRW 41,720,39 shall be from November 25, 2015, and KRW 28,312,918.
Reasons
1. Determination as to the claim against Defendant A
(a)as shown in the reasons for the attachment of the claim;
(b) Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);
2. Determination as to the claim against the defendant B
A. In full view of the facts as indicated in the evidence No. 1-1-1-10 evidence and the fact-finding results with the Seocho-gu Office of this court, the defendant A sold real estate listed in the attached Form No. 1 (hereinafter “instant real estate”) to the defendant B on June 25, 2015 (hereinafter “instant sales contract”), and the defendant B completed the registration of ownership transfer on June 26, 2015 to the defendant B on June 26, 2015. At the time of the instant sales contract, the defendant A did not have any other active property in addition to the instant real estate.
B. (1) Determination requires that, in principle, a claim protected by the right of revocation for the establishment of a preserved claim has arisen prior to the commission of a fraudulent act. However, at the time of such fraudulent act, there has already been legal relations which form the basis of the establishment of the claim, and there is high probability that the claim should be established in the near future by such legal relations. In the near future, where a claim has been created due to its realization in the near future, the claim may also become the preserved claim of the right of revocation for the creditor.
(2) The Plaintiff’s claim for indemnity against Defendant A was not yet established at the time of the instant sales contract, but at the time of the conclusion of the instant credit guarantee agreement between the Plaintiff and the Defendant, and the legal relationship that forms the basis for the occurrence of the claim, in full view of the health care room and the overall purport of the argument in the facts acknowledged earlier, as to the instant case.