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(영문) 전주지방법원 2018.04.11 2017가단17902
사해행위취소
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts constituting the basis for no dispute between the parties;

가. 원고가 2016. 6. 22. B과 맺은 신용보증약정에 기초하여 2017. 7. 19. 주식회사 전북은행에 69,913,916원을 대위변제함에 따라, 원고는 B에 대하여 구상원리금 상환청구권(☞ 채권액 : 69,993,440원과 그중 59,398,653원에 대한 지연손해금)을 취득하였다.

B. On July 26, 2016, Hyundai Capital Co., Ltd., the Defendant’s father, on October 28, 2016, the lower priority collective security right of KRW 174 million and the lower priority collective security right of KRW 89 million, respectively, was established on the instant apartment that was originally owned by B. However, on February 8, 2017, the ownership transfer registration for the instant apartment was completed on the grounds of the purchase and sale (hereinafter “instant sales contract”) as of February 6, 2017 in the Defendant’s future, and the said collective security right was entirely extinguished from February 15, 2017 through February 20, 2017 by means of the Defendant’s contribution.

2. Judgment on the issue

A. The Plaintiff asserted that the instant sales contract constitutes a fraudulent act in relation to the Plaintiff as the cause of the instant claim, and that the Defendant’s revocation of the fraudulent act and claim compensation for the value therefrom against the Defendant. The Defendant, notwithstanding the instant sales contract, did not decrease the liability property provided to the general creditors including the Plaintiff, and thus, the instant sales contract cannot be a fraudulent act in relation to the Plaintiff.

B. Each description described in B-8 and part of C’s testimony added the purport of the entire pleadings, the actual transaction price of the apartment of this case was the minimum of 160 million won or maximum of 219 million won, while in the case of the apartment of this case, the total amount of 265 million won (=64 million won) was the maximum debt amount (=17,64 million won) against the general creditors of this case.

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