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(영문) 대전지방법원 2018.05.17 2017가단206592
사해행위취소
Text

1. The gift contract concluded on February 2, 2016 between B and the Defendant with respect to the real estate stated in the separate sheet shall be revoked.

2...

Reasons

1. Basic facts

A. On September 22, 2014, the Plaintiff and C Co., Ltd. (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement with the Nonparty Company for the credit guarantee amounting to KRW 500 million and the credit guarantee period up to September 21, 2015 with respect to the credit that the Nonparty Company would obtain from D Bank, and B jointly and severally guaranteed the liability for indemnity that the Nonparty Company owes to the Plaintiff according to the credit guarantee agreement.

Since then, the term of credit guarantee contract was extended by September 16, 2015 until September 21, 2016, and the term of credit guarantee was extended by September 9, 2016, and the term of credit guarantee was changed by September 21, 2017, and B consented to the extension of the term of credit guarantee.

B. The non-party company provided a credit guarantee certificate under the instant credit guarantee contract and borrowed KRW 625,00,000 from the D bank, but the non-party company delayed the repayment of the loan, and the Plaintiff subrogated for KRW 503,214,383 on May 25, 2017.

C. On February 2, 2016, B entered into a contract (hereinafter “instant donation contract”) with the Defendant, who is the spouse, to donate the real estate indicated in the attached list (hereinafter “instant real estate”). On the same day, B completed the registration of transfer of ownership to the Defendant under Article 2212 of the Daejeon District Court’s receipt of the Daejeon District Court’s Daejeon District Court registry office.

At the time of the instant donation contract, B was in excess of its obligation.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 10 (including additional numbers), the result of the response to the order to submit taxation information on the Kim Jong-market by this court, the purport of the whole pleadings

2. The assertion and judgment

A. In principle, it is required that a claim protected by the obligee’s right of revocation of a preserved claim was created prior to the commission of an act that can be viewed as a fraudulent act. However, it is highly high that at the time of the fraudulent act, there has already been a legal relationship that serves as the basis for the establishment of the claim, and that the claim should be established in the near future.

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