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(영문) 수원지방법원안산지원 2015.10.29 2014가단114572
사해행위취소
Text

1. The sales contract concluded on April 21, 2014 between the Defendant and B is revoked.

2...

Reasons

1. Basic facts

A. (1) On February 10, 2009, the Plaintiff entered into a credit guarantee agreement with B on the existence of the preserved claim (the Plaintiff’s claim against B). B obtained a loan of KRW 110,000,000 from the Industrial Bank of Korea on March 26, 2010 as collateral with a credit guarantee agreement under the said credit guarantee agreement.

(2) On July 23, 2014, B lost the benefit of time for the obligation to pay loans to the Industrial Bank of Korea, and the Plaintiff subrogated for KRW 85,343,495 to the Industrial Bank of Korea on September 17, 2014 upon the Bank’s request for the discharge of the guaranteed obligation.

B. (1) On April 21, 2014, B entered into the instant sales contract with the Defendant, who was his/her own deceptive interest and his/her employee, with respect to the real estate listed in the separate sheet owned by himself/herself (hereinafter “instant real estate”) and sold the purchase price to the Defendant (hereinafter “instant sales contract”). Accordingly, the Defendant completed the registration of ownership transfer as of April 28, 2014 by the Suwon District Court’s Ansan Branch of the Suwon District Court’s Branch of the Suwon Branch of the Republic of Korea (No. 26929).

[Reasons for Recognition] Facts without dispute, each entry of Gap evidence 1 through 6 (including each number), and the purport of the whole pleadings

2. Determination

A. (1) The existence of the preserved claim is, in principle, a claim protected by the obligee’s right of revocation. However, there is a high probability that at the time of the fraudulent act, there has already been legal relations which form the basis of the establishment of the claim, and that the claim should be established in the near future, and in the near future, the claim may also become the preserved claim of the obligee’s right of revocation in case where the claim has been created by the realization of the probability in the near future.

Pursuant to the above legal principles, B is the Bank of Korea according to the above basic facts.

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