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(영문) 전주지방법원정읍지원 2017.09.26 2016가단13015
사해행위취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 21, 2014, the Plaintiff entered into a credit guarantee agreement with B, and B guaranteed the obligation to repay the principal and interest to be borne by receiving a loan of KRW 60 million from the Nonghyup Bank. On March 30, 2016, the Plaintiff on the part of B’s nonperformance of obligation on behalf of B paid the balance of the said loan to the Nonghyup Bank. On November 25, 2016, the Plaintiff applied for a payment order against B under this Court No. 2016 tea388, and applied for a payment order against B, and “B shall pay to the Plaintiff 52,595,042 and its KRW 51,82,041 per annum from May 11, 2016 to the date of full payment” became final and conclusive.

B. B and the Defendant was a legally married couple who completed the marriage report on December 22, 2003. The Daegu Family Court filed an application for confirmation of intention of divorce with the Daegu Family Court 2015No. 196, which received a written confirmation of intention of divorce from the above court, and reported the divorce on October 29, 2015.

C. On November 18, 2015, B completed the registration of ownership transfer on the real estate stated in the separate sheet, which is its sole property, to the Defendant, as the receipt of Daegu District Court racing Support No. 75880.

[Reasons for Recognition] Evidence Nos. 1 through 3, Evidence No. 4, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. Plaintiff B’s assertion 1) sold the only real estate owned by the Plaintiff to the Defendant, and this is an act detrimental to the Plaintiff, which is the obligee, and thus, it must be revoked as a fraudulent act. (2) The Defendant was unable to maintain the marital life with Defendant B, and the agreement was reached mutually, and the real estate indicated in the separate sheet was transferred under the pretext of division of property and consolation money due to divorce, which does not constitute fraudulent act

B. In the case of divorce 1, division of property is to liquidate and distribute the real common property that the couple had in the marriage, and to contribute to the maintenance of the other party’s livelihood after the divorce. The amount of division of property is equal to that of the other party.

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