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(영문) 서울중앙지방법원 2017.11.16 2017가단5097237
구상금 등 청구의 소
Text

1. As to Defendant A and B’s joint and several liability for KRW 182,490,358 and KRW 180,607,956 among them, Defendant A and B’s joint and several liability for damages incurred to the Plaintiff.

Reasons

【Judgment on Claim for Reimbursement】

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act)

1. Basic facts

A. On April 13, 2017, the Plaintiff has a claim for indemnity amounting to KRW 180,839,736 in total due to the subrogation of the Defendant B.

B. On February 8, 2017, Defendant B entered into a sales contract with Defendant C with regard to the real estate listed in the separate sheet (hereinafter “instant real estate”) with KRW 214,00,000 (hereinafter “instant sales contract”).

C. On February 20, 2017, Defendant B completed the registration of ownership transfer as the receipt of No. 13318 on February 20, 2017 for the instant real estate to Defendant C on the ground of the instant sales contract.

At the time of the instant sales contract, the instant real estate was the only property of Defendant B, and Defendant B was in excess of his liability.

【Ground of recognition】 The fact that there is no dispute over Defendant C by public notice (Article 208(3)3 of the Civil Procedure Act)

2. Although the existence of a preserved claim requires that, in principle, a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that could be viewed as a fraudulent act. However, there is a high probability that at the time of the fraudulent act, there has already been legal relations that form the basis of the establishment of the claim, and that the claim should be established in the near future. In the near future, where a claim has been created due to its realization in the near future, the claim may also become a preserved claim of the obligee’s right of revocation (see, e.g., Supreme Court Decision 2007Da21245, Jul. 15, 2010).

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