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(영문) 수원지방법원 2018.04.11 2017나55633
사해행위취소
Text

1. The judgment of the court of first instance is modified as follows.

Each real estate indicated in the separate sheet between the defendant and the non-party B.

Reasons

1. Basic facts

A. On June 4, 2010, the Plaintiff filed a lawsuit against B with the Seoul Central District Court No. 2009Ada251359 against the claim for indemnity, and rendered a judgment that “B shall pay to the Plaintiff the amount calculated at the rate of 19% per annum from August 23, 1999 to the date of full payment” with respect to KRW 3,373,842 and KRW 1,773,381 among them, and the said judgment became final and conclusive on July 8, 2010 (hereinafter “the first judgment”).

(2) On July 7, 2016, the Plaintiff’s claim amount against B based on the above judgment is KRW 6,207,630 as of July 7, 2016. (2) On September 27, 2013, the Plaintiff filed a lawsuit against E for the claim for indemnity amount under the Seoul District Court 2013Kadan9207, and filed a lawsuit against E, and the judgment became final and conclusive around November 27, 2013, “E shall pay to the Plaintiff KRW 33,390,410, and 30,000 among them, KRW 30,000,00 per annum from September 26, 2013 to October 15, 2013, and KRW 20% per annum from the following day to the date of complete payment.”

On the other hand, on May 17, 2012, E completed the registration of creation of a neighboring mortgage with the maximum debt amount of KRW 130 million against the non-party F, and the debtor with respect to the real estate owned by him.

After that, in the voluntary auction procedure commenced on December 20, 2012, E lost the ownership of the real estate due to the sale of the real estate to a third party on July 17, 2013.

Accordingly, on August 11, 2015, the Plaintiff: (a) exercised the right to demand reimbursement against B as a surety under Articles 370 and 341 of the Civil Act by subrogation of E, by exercising the right to demand reimbursement of KRW 44,404,108 based on the lawsuit for indemnity reimbursement claim against Chuncheon District Court 2013da9207, 9207; and (b) paid 44,404,108 won annually from August 6, 2013 to October 1, 2015 to the extent of the maximum debt amount presumed to have been paid by F to B during the said auction procedure; and (c) paid from the next day.

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