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(영문) 전주지방법원 2018.08.08 2017가단25170
사해행위취소
Text

1. The sales contract concluded on July 20, 201 between the Defendant and C with respect to the real estate listed in the separate sheet was KRW 47,104,241.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with D farming association (hereinafter “foreign corporation”) with the amount guaranteed as a joint and several surety as KRW 170 million (hereinafter “the instant credit guarantee agreement”); and the non-party corporation was granted a loan of KRW 200 million from E Co., Ltd. (hereinafter “E”) on July 23, 2014 by obtaining a credit guarantee certificate under the instant credit guarantee agreement.

(hereinafter referred to as “instant loan”). (b)

When the non-party corporation delayed the payment of the instant loan, E filed a claim with the Plaintiff for the performance of the guaranteed debt stipulated in the instant credit guarantee agreement, and the Plaintiff subrogated for KRW 172,235,470 in accordance with the instant credit guarantee agreement on September 29, 2017.

C. However, on July 20, 2017, C entered into a sales contract with the Defendant with respect to the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”), and on July 25, 2017, C completed the registration of ownership transfer based on the instant sales contract to the Defendant.

At the time of the instant sales contract, C had no particular value property other than the instant real estate, and was in excess of the obligation.

[Ground of recognition] Facts without dispute, Gap 1 through 7 evidence, E-military branch of this court, F association notice point, each fact inquiry inquiry reply to Jeonju-si, the purport of the whole pleadings

2. Determination:

A. In principle, it is required that a claim protected by the creditor's right of revocation 1 of the existence of a preserved claim has arisen prior to the commission of an act that can be viewed as a fraudulent act. However, at the time of such fraudulent act, there is a legal relationship that has already been based on which the claim was established, and there is high probability that the claim would have been established in the near future due to its legal relationship, and the possibility is realized in the near future.

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