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(영문) 인천지방법원부천지원 2016.10.12 2016가단108122
사해행위취소
Text

1. As to 1/2 of the real estate listed in the separate sheet:

A. The Defendant and B (resident registration number: C) on May 12, 2016

Reasons

1. Basic facts

A. (1) On January 23, 2014, the Plaintiff entered into a credit guarantee agreement with B as of January 22, 2015 as the guaranteed amount of KRW 17,00,000,000, and the term of guarantee. The Plaintiff issued a credit guarantee certificate to enable B to obtain a loan equivalent to the above amount. (2) B borrowed the said credit guarantee certificate from Han Bank Co., Ltd. as collateral and borrowed KRW 16,065,000 from Han Bank Co., Ltd. on October 15, 2016.

Ultimately, on January 21, 2016, the Plaintiff paid the principal and interest of 16,315,173 won to the above bank by subrogation of B, and the amount of 580 won was recovered.

3) The amount of claim for reimbursement against the Plaintiff’s claim for reimbursement against B is KRW 17,213,476 (the balance of subrogated payment: KRW 16,314,593; KRW 604,309; subrogated payment: KRW 294,574; KRW 294,574). B of the donation contract between B and the Defendant, a pro-friendly relationship, on May 12, 2016, is one-half of the real estate listed in the separate sheet (hereinafter “instant real estate”).

(1) The term “instant donation” (hereinafter referred to as “instant donation”)

On May 18, 2016, the Defendant entered into a contract on gift (Cheongju District Court 18415, May 18, 2016) and completed the registration of transfer of ownership under the said contract on gift (to be received on May 18, 2016). (c) Property B was the only property of the instant real estate as of May 12, 2016, and was in excess of the obligation due to the burden of the Plaintiff’s obligations. [In the absence of any dispute between the parties to the grounds for recognition, the entire purport of each of the items in subparagraphs 1 through 6, and the entire purport of each of the arguments as a whole.

2. Determination

A. According to the facts of recognition of the establishment of a fraudulent act, B donated the instant real estate, which is the only real estate of the Defendant, even though it had already been in excess of the obligation at the time of the instant donation, and thereby resulted in the reduction of the creditor’s joint security. Therefore, the instant donation was made by the creditor.

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