logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2019.02.20 2018가단55178
사해행위취소
Text

1. As to real estate listed in the separate sheet:

A. As to the real estate listed in the separate sheet between the defendant and B, the defendant on July 2017.

Reasons

1. Facts recognized;

A. C Co., Ltd. (hereinafter “Co., Ltd.”) borrowed KRW 500,000,000 from D Bank under the guarantee agreement concluded with the Plaintiff on May 29, 2015, and C’s representative director B jointly and severally guaranteed C’s obligations under the said guarantee agreement.

B. On December 12, 2017, B entered into a donation agreement with the Defendant, the mother, on the real estate indicated in the separate sheet (hereinafter “instant real estate”). On December 14, 2017, B completed the registration of ownership transfer with respect to the Defendant on December 14, 2017.

C. On March 26, 2018, the Plaintiff made a payment by subrogation of KRW 505,035,876 to a bank on August 6, 2018 (hereinafter “instant subrogation”).

[Reasons for Recognition] Uncontentious Facts, including each entry number in Gap evidence 1 to 8, the purport of the whole pleadings

2. The assertion and judgment

A. Determination on the cause of a claim 1) Although it is required that in principle, a claim protected by the obligee’s right of revocation has arisen prior to the commission of an act that can be deemed a fraudulent act. However, at the time of such fraudulent act, there is a high probability that the legal relationship, which is the basis of the establishment of the claim, has already occurred at the time of such fraudulent act, and that the claim is established in the near future, and where a claim has been realized in the near future, it may also become a preserved claim by the obligee’s right of revocation (see, e.g., Supreme Court Decision 2001Da81870, Mar. 29, 2002). In light of the foregoing legal principle, as recognized earlier, the Plaintiff’s claim for indemnity against B due to the subrogation at the time of the donation in this case (hereinafter “instant claim for indemnity”).

Although this did not occur, a guarantee agreement, which forms the basis of the claim for indemnity of this case, was concluded, and it was after the sale.

arrow