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(영문) 서울중앙지방법원 2019.10.28 2019가단5069816
사해행위취소
Text

1. As to KRW 23,734,110 and KRW 23,356,421 among the Plaintiff, Defendant A and B, jointly and severally, shall be from March 7, 2019 to April 7, 2019.

Reasons

1. Claims against the defendant A and B;

(a) Indication of claims: It is as shown in the Attached Forms 1 through 3 as the cause of the claims; and

(b) Grounds for determination: Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act (amended by Presidential Decree No. 208 (amended by Presidential Decree No.

2. Revocation of fraudulent act against Defendant C

A. Basic facts 1) Defendant A’s real estate listed in the separate sheet owned by the Defendant A (hereinafter “instant real estate”).

() On December 6, 2018, the Plaintiff received a notification of a credit guarantee accident from a DNA bank on January 2, 2019. On November 2, 2018, the immediately preceding debtor, Defendant B, and the maximum debt amount of KRW 49,50,000, and the mortgage contract with Defendant C (hereinafter “mortgage contract”).

(C) The registration of the establishment of a new real estate in the name of the Defendant C (hereinafter “registration of the establishment of a new real estate in the instant case”) was received on November 5, 2018 by the Incheon District Court registry No. 3975, Nov. 5, 2018

(2) At the time of conclusion of the instant mortgage contract, Defendant A was the only property of the instant real estate in excess of the obligation.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 to 12 (including each number), the purport of the whole pleadings

B. As seen earlier, the Plaintiff acquired the claim for advance reimbursement against Defendant A under a credit guarantee agreement by receiving a credit guarantee accident notification from the D Bank on January 2, 2019.

Meanwhile, as seen earlier, the instant mortgage contract between Defendant A and Defendant C was concluded on November 2, 2018, prior to the occurrence of the Plaintiff’s prior claim for reimbursement against Defendant A. However, at the time of entering into the instant mortgage contract, a credit guarantee agreement, which is a legal relationship that serves as the basis for establishing the Plaintiff’s prior claim for reimbursement against Defendant A, was already concluded, and the Defendant A had already entered into the instant mortgage contract prior to the conclusion of the instant mortgage contract.

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