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(영문) 수원지방법원 2020.02.04 2019가단536753
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence as set forth in subparagraphs A and 12 and the purport of the entire pleadings.

A. The Plaintiff has a claim for reimbursement of KRW 998,453,298 based on the subrogation under a credit guarantee agreement as stated in attached Forms 1 and 2 with respect to B, as well as damages for delay.

B. The instant real estate is the real estate originally owned by the Defendant, who is the wife B and B, as one-half shares (the date of acquisition of the Defendant’s ownership: July 30, 2010); and B, on September 11, 2018, the Defendant entered into the instant gift agreement with the Defendant to donate one-half shares of the instant real estate to the Defendant, and completed the registration of ownership transfer on the grounds of the instant gift agreement.

2. The parties' assertion

A. The Plaintiff’s assertion B is highly likely to realize the obligation of indemnity against the Plaintiff. Since the instant donation contract was concluded with the Defendant on the portion of 1/2 of the instant real estate, which is one of the only real estate in excess of the obligation, with the Defendant, the instant donation contract should be revoked as a fraudulent act, and the registration of transfer of ownership as stated in the purport of the claim should be revoked due to restitution.

B. The Defendant’s assertion 1) The instant real estate was acquired with the Defendant’s funds, and is owned by only the name of the Defendant and the Defendant’s sole ownership. (2) At the time of entering into the instant gift agreement, there was a collateral security obligation exceeding the value of B’s 1/2 shares among the instant real estate at the time of entering into the instant gift agreement.

3 There is no room for the instant donation contract to constitute a fraudulent act, which appears to be any mother.

3. Determination

A. If a mortgage is established on an object transferred by an obligor to a beneficiary in a lawsuit for revocation of a fraudulent act, the liability property provided to the joint security of ordinary creditors among the subject matter is limited to the remainder after deducting the secured claim amount.

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