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(영문) 서울북부지방법원 2016.01.07 2015가단123822
사해행위취소
Text

1. With respect to the forest B forest land in Gangwon-gun B, Crossing-gun, 8,231 square meters:

A. A sales contract concluded on January 4, 2014 between the Defendant and C is concluded.

Reasons

1. Facts of recognition;

A. On February 24, 2012, the Plaintiff entered into a credit guarantee agreement between the Gwangju Bank and D (hereinafter “Nonindicted Company”) with respect to the obligation to pay KRW 400,000,000 to the Gwangju Bank, which covers the guaranteed amount of KRW 320,000,000. At that time, C entered into a joint and several guarantee agreement with the Plaintiff regarding the obligation under the said credit guarantee agreement between the Plaintiff and the Nonparty Company.

B. On February 24, 2012, Nonparty Company borrowed KRW 400,000,000 from Gwangju Bank as the due date for reimbursement on February 22, 2013. Since then, Nonparty Company changed the period for reimbursement under the said credit guarantee agreement with the Plaintiff to February 21, 2014.

On February 18, 2014, a credit guarantee accident subject to the disposition of suspension of current account transactions occurred. On April 8, 2014, the Plaintiff subrogated to the Gwangju Bank for KRW 324,610,325 (principal interest of KRW 319,94,720).

C. Meanwhile, on January 4, 2014, C entered into a sales contract (hereinafter “instant sales contract”) with the Defendant on the 8,231 square meters of forest land B (hereinafter “instant real estate”). On February 5, 2014, C completed the registration of ownership transfer with the Defendant as the Chuncheon District Court No. 239 on the instant real estate.

C owned the instant real estate as active property around January 2014, and was in excess of debt.

[Reasons for Recognition] The facts without dispute, entry of Gap 1 through 14 (including partial numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, although at the time of entering into the instant sales contract between C and the Defendant, there was a joint and several surety agreement, which is a legal relationship that serves as the basis for the establishment of the claim, and there was a high probability to the effect that the claim of the Plaintiff is to be established in the near future pursuant to the above agreement. In fact, the Plaintiff’s claim was established since several months have not elapsed, and thus, the Plaintiff’s claim was established.

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