logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.24 2014가단5022621
구상금
Text

1. The Plaintiff:

A. Defendant A and B jointly and severally agreed upon KRW 95,611,650 and KRW 95,13,600 among them.

Reasons

1. Determination as to the claim against Defendant A, B, and C

(a)as shown in the reasons for the attachment of the claim;

(b) Article 208 (3) 2 of the Civil Procedure Act: Judgment based on the recommendation of confession;

2. According to the records in Gap evidence Nos. 1 through 7 and the fact-finding with the Ministry of Land, Infrastructure and Transport as to the claim against defendant Eul, according to the whole purport of the arguments, defendant Eul jointly and severally guaranteed the obligation of indemnity (guarantee amount of KRW 42.5 million) under the credit guarantee agreement of the defendant Eul corporation. On October 28, 2013, when the credit accident of the defendant Eul corporation occurred and it is highly probable that the obligation of indemnity would occur, as to the real estate stated in the attached list, which is the only real estate of the defendant Eul, the Incheon District Court's father-Support Kimpo-si Office of the Incheon District Court on November 20, 2013, the receipt of the claim No. 79872, Nov. 19, 2013, the registration of the right of claim for transfer of ownership was completed on the ground of a pre-sale on November 19, 2013. The act of the debtor's disposal of the real estate in excess of the obligation constitutes fraudulent act.

Therefore, the pre-sale agreement between Defendant D and Defendant C on November 19, 2013 regarding the real estate listed in the separate sheet is revoked as a fraudulent act, and Defendant D is obligated to implement the registration procedure for cancellation of provisional registration of the right to claim transfer registration of ownership, which was completed on November 20, 2013 by the Busan District Court, the Busan District Court, the Dapo Kimpo Office, which was completed on November 20, 2013, with respect to the real estate listed in the separate sheet.

arrow