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(영문) 청주지방법원 2016.02.18 2015가단107847
사해행위취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 17, 2009, 15,00,000 won guaranteed on June 11, 2014, and the guarantee term of December 17, 2010, and the credit guarantee contract was concluded on December 21, 2015 with Nonparty D (hereinafter “instant credit guarantee contract”), respectively, with Nonparty D’s husband, and the Defendant, who is the husband of the said D, jointly and severally guaranteed the same.

D Based on the above credit guarantee, it received a total of KRW 38,00,000 from the Seogsan branch of the National Bank, and thereafter, the credit guarantee accident occurred against D on March 28, 2013.

B. On August 6, 2012, A completed the registration procedure for transfer of ownership as stipulated in Article 46289 of the Daejeon District Court’s receipt of Daejeon District Court on the same day on the grounds of a sales contract (hereinafter “instant sales contract”) on July 4, 2012, which is the only property of the Defendant (hereinafter “instant real estate”).

On November 27, 2013, the Chungcheong Credit Guarantee Foundation subrogated for KRW 24,705,585 to the National Bank.

E. On April 10, 2014, A filed a petition for bankruptcy with the Cheongju District Court 2014Hadan308, which was declared bankrupt on April 1, 2015, and on the same day, A was appointed as the trustee in bankruptcy for A.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. Comprehensively taking account of the purport of the entire arguments as seen earlier, A was a joint and several surety for the wife’s loan obligations at the time of the instant sales contract. At the time of the instant sales contract, D and D had no particular property other than the instant real estate at the time of the instant sales contract, while the instant real estate was established with the maximum debt amount of KRW 30 million in the future of the Korea Housing Finance Corporation, and there was a debt exceeding KRW 30 million in Samsung Card, etc., and D were a joint and several surety due to a credit guarantee accident on March 28, 2013.

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