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Reasons
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(영문) 창원지방법원 거창지원 2021.01.19 2020가단11433
사해행위취소
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(a) B and the Defendant make a pre-sale agreement concluded on August 26, 2019 with respect to each real estate listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On December 18, 2018, the Plaintiff entered into a credit guarantee agreement with B, who operates C on December 18, 2018, with the guarantee period from December 18, 2018 to December 15, 2023 (hereinafter “the credit guarantee agreement of this case”). B, on December 20, 2018, borrowed KRW 100,000,000 as security from D (hereinafter “D bank”).

2) B caused a guarantee accident called a natural body on February 21, 2020. On June 23, 2020, the Plaintiff subrogated to D Bank KRW 91,187,201, and paid KRW 375,266 with the cost of preserving the claim.

B. B and the Defendant’s mother, both B and E (hereinafter “the Deceased”) have a loan claim of KRW 10,000,000 against B on July 29, 2014. On July 2, 2015, the deceased’s heir consulted on the division of inherited property by holding the Defendant’s loan claim against B.

2) On August 26, 2019, B completed the registration of the right to request transfer of ownership (hereinafter “provisional registration of this case”) on August 29, 2019 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) to the Defendant, who is a form of punishment, on the ground that the right to request transfer of ownership was registered on August 29, 2019.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. Although it is required that a claim protected by the right to cancel the existence of a preserved claim, in principle, was created prior to the commencement of an act that can be deemed as an act of deception, it is highly probable that a legal relationship, which is the basis of the establishment of a claim, has already occurred at the time of such act, and that a claim should be established by a near future legal relationship, and that is actually realized in the near future.

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