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(영문) 인천지방법원 2018.06.22 2017나12271
사해행위취소등
Text

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

2.(a)

With respect to the real estate indicated in the attached list between the defendant and B.

Reasons

1. The reasoning for the court’s explanation as to this part of the facts and the Plaintiff’s assertion is as stated in the “1. Basic Facts” and “2. Plaintiff’s assertion” of the reasoning of the judgment of the court of first instance. Thus, they are cited by the main text of Article 420 of the Civil Procedure Act

2. Determination

A. The existence and scope of the preserved claim 1) The existence and scope of the secured claim 1) requires that in principle, the act that can be seen as a fraudulent act occurred prior to the occurrence of the act. However, there is a high probability that there has already been a legal relationship which serves as the basis of the establishment of the claim at the time of the fraudulent act, and that the claim is established in the near future by realizing it in the near future. In the near future, the claim can also be the secured claim of the obligee’s right of revocation if the claim is established. However, although the credit card subscription contract includes the basic matters concerning the issuance and management of the credit cards, and the settlement of the amount related to the use of the credit cards, the credit card company’s claim does not immediately be established, but the credit card company’s credit card sales claim is established only before the credit card merchant purchases goods or receives services from the credit card merchant, or (2) the credit card merchant’s establishment by separate legal relations with the credit card company’s receipt of financing from the credit card company. In light of the legal principles as seen above, it cannot be seen as “A’s 14.”

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