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(영문) 인천지방법원 2019.02.01 2018가단225998
사해행위취소
Text

1. The sales contract concluded between Nonparty C (D) and the Defendant on January 4, 2017 on real estate stated in the separate sheet was 16.

Reasons

1. Facts of recognition;

A. On July 11, 2016, the Plaintiff concluded a performance guarantee insurance contract with Nonparty C, whose insured status is the E Association.

On February 8, 2017, the E Association filed a claim with C for insurance proceeds on the ground that an insured incident (the date of an insurance accident: December 29, 2016; the cause of the claim: failing to perform the import) occurred. On March 7, 2017, the Plaintiff paid the insurance proceeds of KRW 14,840,000 to the E Association in accordance with the Guarantee Insurance Contract.

Things and the Plaintiff filed a lawsuit against C with the Seoul Central District Court 2017 Ghana7107424, and on December 31, 2017, the judgment was rendered that “C shall pay to the Plaintiff 15,132,730 won and 14,840,000 won per annum 12% from June 6, 2017 to October 28, 2017, and 15% per annum from the following day to the date of full payment.”

B. On the other hand, C, on January 4, 2017, completed the registration of ownership transfer based on the sales contract (hereinafter “instant sales contract”) dated January 4, 2017 between C and the Defendant on the real estate listed in the separate sheet (hereinafter “instant real estate”).

On April 28, 2017, the Defendant completed the registration of ownership transfer for the instant real estate to Nonparty F on January 7, 2017, and on the same day, the registration of ownership transfer was cancelled on April 30, 2012 (debtor C, the Industrial Bank of Korea, the maximum debt amount of 144,00,000 won).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3 and 5, and the purport of the whole pleadings

2. Whether the instant sales contract constitutes fraudulent act

A. In principle, the relevant legal doctrine (i.e., a claim entitled to be protected by the obligee’s right of revocation is required to be created prior to the commission of an act that can be viewed as a fraudulent act; however, there is a legal relationship that already serves as the basis for the establishment of a claim at the time of

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