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(영문) 대전지방법원서산지원 2016.11.18 2016가단52762
사해행위취소
Text

1. The main part of the lawsuit in this case shall be dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Determination as to the legitimacy of the main claim part of the lawsuit of this case

A. In the exercise of the creditor's right of revocation, the "date when the creditor becomes aware of the cause for revocation" means the date when the creditor becomes aware of the requirements for the creditor's right of revocation, i.e., the date when the creditor becomes aware of the fact that the debtor committed a fraudulent act with the knowledge that he would prejudice the creditor. Thus, it is not sufficient that the debtor merely knows that he/she conducted a disposal act of the debtor's property, and that such a juristic act constitutes an act detrimental to the creditor, i.e., an act that makes it difficult for the creditor to fully satisfy the claim due to the deficiency in joint security of the claim or lack of joint security in the situation where the joint security was already insufficient, and that the debtor had an intention to cause harm to the creditor. However, it is not necessary for the creditor to know that he/she had an intention to cause harm to the beneficiary or subsequent purchaser. In addition, if the creditor had already known that the value of real estate owned by the debtor did not reach that value compared with his/her total amount of the debtor's property after investigating the debtor's property status of the debtor, barring special circumstances.

(See Supreme Court Decision 201Da82384 Decided January 12, 2012). B.

Facts of recognition

In full view of the purport of the entire pleadings, the following facts are recognized in each entry of Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 and 2 (including paper numbers):

(1) C A stock company (hereinafter referred to as “C”) is a guarantee insurance company for the payment of a contract bond under a construction contract with the Korea International Cooperation Agency on April 5, 2010.

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