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(영문) 수원지방법원안양지원 2016.11.11 2016가단11507
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 3, Eul evidence 1, 2-1 and 2:

On August 21, 2013, the Plaintiff leased KRW 100,000 to D on August 20, 2016 and KRW 2,00,000 per month interest. C guaranteed the above loan obligation against D on the same day.

B. Meanwhile, C was divorced by conciliation with the Defendant, who is the spouse on September 6, 201, and was married again with the Defendant on August 11, 2014, and was married again with the Defendant on October 5, 2015, and was married again with the Defendant on September 6, 2015. At the time of divorce, C entered into a property division agreement with the Defendant on September 6, 201 (hereinafter “instant property division agreement”) and completed the registration of ownership transfer on the real estate listed in the separate sheet No. 2 on September 26, 201 with respect to the Defendant on November 15, 2012, based on each of the instant property division agreements.

2. The assertion and judgment

A. As to C, the Plaintiff’s summary of the Plaintiff’s assertion

1.(a)

As stated in Paragraph (1), joint and several sureties’s claim (hereinafter “joint and several sureties’s claim”) is a general creditor. The instant division agreement constitutes a fraudulent act that reduces joint and several sureties’s joint security, including the Plaintiff, and thus, should be revoked.

B. First of all, we examine whether the Plaintiff’s joint and several surety deposit claim against C can be the preserved claim against revocation of fraudulent act.

Since it cannot be said that the creditor who acquired rights after the fraudulent act has been caused by the fraudulent act, the creditor's claim is natural in the nature of the creditor's right of revocation.

(See Supreme Court Decision 94Da2534 delivered on February 10, 1995). However, at the time of a fraudulent act, there has already been a legal relationship that forms the basis for establishing a claim, and the said legal relationship is based on the near future legal relationship.

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