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(영문) 인천지방법원 2015.04.28 2014나54434
사해행위취소
Text

The judgment of the first instance shall be modified as follows:

Attached Form

With respect to real estate recorded in the list between the defendant and B, 2012.

Reasons

1. The facts below the basis facts do not conflict between the parties, or can be acknowledged according to the overall purport of Gap evidence Nos. 1, 3, and Eul evidence Nos. 1, 8 and the whole pleadings.

On August 18, 2003, the Credit Guarantee Term Loan Bank (loans) with the principal of the credit guarantee contract (the extension to August 17, 2007) in the amount of KRW 85 million (the amount of KRW 80 million thereafter) on August 17, 2004 (the extension to August 17, 2007) Korea Bank (the amount of KRW 100 million) in the amount of KRW 425 million on March 31, 2005 (the alteration to KRW 400 million thereafter) (the extension to March 30, 2007) in Korea on March 30, 2006 (the extension to March 30, 2007).

A. The Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”).

In addition, the representative director B of C agreed with the Plaintiff that C shall be jointly and severally liable for all obligations that C owes to the Plaintiff according to the above credit guarantee agreement on the same day.

B. C, in default of national taxes, lost the benefit of time due to the occurrence of a credit guarantee accident stipulated in the above credit guarantee agreement on November 1, 2006.

Accordingly, on April 12, 2007, the Plaintiff subrogated to the Bank for the total amount of KRW 492,012,315.

C. Meanwhile, the Defendant was married on January 29, 1981 with B, but completed the divorce report on September 14, 2012, following the procedure of divorce by agreement between this court No. 2012,5689.

B On September 20, 2012, the Defendant completed the registration of ownership transfer on the ground of the instant property division contract with respect to the instant real estate.

At the time of the instant division contract, the instant real estate was the only real estate B, and the value of the instant real estate was KRW 145 million, and at that time, B was in excess of its liability.

2. The assertion and judgment

A. (i) The Plaintiff’s assertion (i) is the most married with the Defendant, and the conclusion of a property division contract in order for the Defendant to transfer the entire real estate of this case, which is the only property of B, whose debts are in excess of B, constitutes a fraudulent act beyond a considerable degree, and thus constitutes a fraudulent act. Accordingly, KRW 145 million among them.

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