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(영문) 서울중앙지방법원 2020.05.27 2019나12328
사해행위취소
Text

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

A donation contract concluded on September 30, 2013 between the defendant and the non-party B.

Reasons

1. Basic facts

A. (1) On June 13, 2007, the Plaintiff entered into a credit guarantee agreement with the Nonparty on June 12, 2008, with the guarantee period of KRW 85 million, and the Nonparty submitted the said credit guarantee agreement to the K Bank on the same day and received a loan of KRW 100 million. On June 12, 2012, the Plaintiff again entered into a credit guarantee agreement with the Nonparty on June 12, 2008 with the guarantee period of KRW 85 million, the guarantee period of KRW 475 million, and the guarantee period of KRW 2, the Plaintiff entered into a credit guarantee agreement with the Nonparty on August 15, 2009.

The Nonparty submitted the credit guarantee certificate to K Bank on August 28, 2009 and received a loan of KRW 50 million, respectively.

(hereinafter the above credit guarantee agreement is "each of the credit guarantee agreements of this case" and each of the above loans is "each of the loans of this case".

On November 2, 2013, the Nonparty lost the benefit of time due to the delinquency in interest on each of the instant loans, and on December 9, 2013, the occurrence of defective causes under each of the instant credit guarantee agreements.

On March 12, 2014, the Plaintiff repaid to K Bank KRW 123,206,880 on behalf of the Nonparty.

C. On August 30, 2013, the Nonparty sold D Apartment E (hereinafter “instant real estate”) located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant real estate”) for KRW 480,000,000,000, which is its sole real property to L.

On September 5, 2013, the Defendant, the Nonparty’s spouse, entered into a lease agreement between F and the Dongjak-gu Seoul Metropolitan Government G Building H with a deposit of KRW 100 million, monthly rent of KRW 600,000 (hereinafter “instant lease agreement”).

On September 30, 2013, the buyer of the instant real estate deposited KRW 10 million out of the remainder of the instant real estate to the Defendant (hereinafter “instant deposit”), and the Defendant paid it to F as part of the lease deposit.

At the time of September 30, 2013, the non-party’s small property is KRW 141,591,714 to K Bank (= KRW 43,951,714), KRW 10 million to M, and KRW 18 million to N.

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